New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Complex Lit Blog

Sanctions: Vexatious Litigant Injunction—Abuse of Discretion: Less Deference If “Unaccompanied by Reasoning” (Good Quotes) —Different Injns on Similarly Situated Parties, 1 Harsher Than Sought, Reversed

In re Ross, 2017 U.S. App. LEXIS 10004 (3d Cir. June 6, 2017): Raymond Ross appeals from a broad filing injunction issued against him by the Bankruptcy Court after he and his wife used the bankruptcy process to stave off the sheriff's sale of their home. Ross argues that, as a matter of law, a bankruptcy court may never is ...
In re Ross, 2017 U.S. App. LEXIS 10004 (3d Cir. June 6, 2017): Raymond Ross appeals from a broad filing injunction issued against him by the Bankruptcy Court after he and his wife used the bankruptcy process to stave off …
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RICO: Marijuana Growing=Predicate Act—Business Is Primarily Criminal—RICO Incorporates Common Law of Nuisance—Adjacent Property Plausibly Injured by Odors, Openly Criminal Acts—How “Concrete” Must Injury Be? Is There a Circuit Split?

Safe Streets Alliance v. Hickenlooper, 2017 U.S. App. LEXIS 10101 (10th Cir. June 7, 2017): These three appeals arise from two cases that concern the passage, implementation, and alleged effects of Amendment 64 to the Colorado Constitution, Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State's criminal ...
Safe Streets Alliance v. Hickenlooper, 2017 U.S. App. LEXIS 10101 (10th Cir. June 7, 2017): These three appeals arise from two cases that concern the passage, implementation, and alleged effects of Amendment 64 to the Colorado Constitution, Colo. Const. art. …
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RICO: If Enterprise’s Business Is Primarily Racketeering Activity (e.g., Crime Family), Horizontal Relatedness Shown by Linking Acts to Enterprise — Otherwise, HJ Factors Must Be Applied

Reich v. Lopez, 2017 U.S. App. LEXIS 9172 (2d Cir. May 26, 2017): Plaintiff-Appellant Otto J. Reich is the principal of a (co-plaintiff) consulting firm specializing, inter alia, in fighting government corruption. He alleges that he and his firm were victims of an effort to discredit them by persons connected to a Venezuelan energy co ...
Reich v. Lopez, 2017 U.S. App. LEXIS 9172 (2d Cir. May 26, 2017): Plaintiff-Appellant Otto J. Reich is the principal of a (co-plaintiff) consulting firm specializing, inter alia, in fighting government corruption. He alleges that he and his firm were…
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Inherent Power Sanctions Apt in Court 1 for Wasting Judicial Resources by Litigating Claims Party Knows Court 2 Has Enjoined — Litigants Are Not Their Opponents’ Keepers (Good Quote) — Dismissal, $1.29 MM in Fees Excessive

In re Jemsek Clinic, PA (Blue Cross Blue Shield of NC v. Jemsek Clinic, PA), 2017 U.S. App. LEXIS 3853 (4th Cir. Mar. 3, 2017): In this case, the bankruptcy court imposed staggering sanctions on a creditor. It dismissed with prejudice claims that the creditor valued at over $10 million, and it ordered the creditor to pay the d ...
In re Jemsek Clinic, PA (Blue Cross Blue Shield of NC v. Jemsek Clinic, PA), 2017 U.S. App. LEXIS 3853 (4th Cir. Mar. 3, 2017): In this case, the bankruptcy court imposed staggering sanctions on a creditor. It dismissed with …
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Rule 37 Sanctions for Spoliation — Default Judgment — Bad Faith Shown by Use of Cleansing Programs, Misrepresentations to the Court, Email Saying “They Were Supposed to Be Erased by the IT Department”

Organik Kimya v. Int'l Trade Comm’n, 2017 U.S. App. LEXIS 2623 (Fed. Cir. Feb. 15, 2017): Organik Kimya San. ve Tic., A.[#x15e]., Organik Kimya Netherlands B.V., and Organik Kimya US, Inc. (collectively, "Organik Kimya") appeal from the International Trade Commission's ("the Commission" or "I ...
Organik Kimya v. Int'l Trade Comm’n, 2017 U.S. App. LEXIS 2623 (Fed. Cir. Feb. 15, 2017): Organik Kimya San. ve Tic., A.[#x15e]., Organik Kimya Netherlands B.V., and Organik Kimya US, Inc. (collectively, "Organik Kimya") appeal from the International Trade Commission's …
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Facebook Authentication — Page Authenticated as Defendant’s by Fact It Bears His Name (Misspelled), Photo, and Name of His Gang — 404(b) Not Implicated by Photo of Defendant Holding Gun Where Access to Gun at Issue — A Photo Is Not Hearsay

People v. Pettes, 2017 Mich. App. LEXIS 881 (Mich. Ct. App. May 25, 2017): Per Curiam. Defendant appeals as of right his jury trial convictions of second-degree murder, MCL 750.317, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. The trial court sentenced defendant ...
People v. Pettes, 2017 Mich. App. LEXIS 881 (Mich. Ct. App. May 25, 2017): Per Curiam. Defendant appeals as of right his jury trial convictions of second-degree murder, MCL 750.317, and possession of a firearm during the commission of a…
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Rule 37(b), (d) Sanctions — Dismissal for Repeated Failure to Appear at Deposition, Disregard of Court Orders — Dismissal Factors (5th Circuit)

Sawyer v. Geico Gen. Ins. Co., 2017 U.S. Dist. LEXIS 86609 (S.D. Tex. May 18, 2017): MEMORANDUM AND RECOMMENDATION TO GRANT DEFENDANT'S SECOND MOTION FOR SANCTIONS On December 7, 2016, this matter was referred by United States District Judge Lee H. Rosenthal, for full pre-trial management, pursuant t ...
Sawyer v. Geico Gen. Ins. Co., 2017 U.S. Dist. LEXIS 86609 (S.D. Tex. May 18, 2017): MEMORANDUM AND RECOMMENDATION TO GRANT DEFENDANT'S SECOND MOTION FOR SANCTIONS On December 7, 2016, this matter was referred by United States District Judge Lee…
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Rule 37(c)(1) Sanctions: Exclusion of Witnesses for Failure to Disclose until Eve of Trial — Harmless Error Factors (6th Circuit) — Evidence: To Preserve Error on a Conditional Ruling, Counsel Must Object & Preserve Objection in Stipulated Judgment

Abrams v. Nucor Steel Marion, Inc., 2017 U.S. App. LEXIS 9323 (6th Cir. May 25, 2017): In this diversity class-action lawsuit alleging state-law claims of indirect trespass and nuisance,1 Plaintiffs-Appellants, [*3]  Randal Bush and Ronald Tolle (Plaintiffs), appeal several unfavorable pre-trial evidentiar ...
Abrams v. Nucor Steel Marion, Inc., 2017 U.S. App. LEXIS 9323 (6th Cir. May 25, 2017): In this diversity class-action lawsuit alleging state-law claims of indirect trespass and nuisance,1 Plaintiffs-Appellants, [*3]  Randal Bush and Ronald Tolle (Plaintiffs), appeal several unfavorable…
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Orwell and the Supreme Court

In opinions issued by current members of the U.S. Supreme Court, Orwell was the third most cited author, coming after Shakespeare and Lewis Carroll. Thomas E. Ricks, Churchill and Orwell 249 (2017), citing Scott Dodson and Ami Dodson, Literary Justice, The Green Bag (Aug. 26, 2015)  
In opinions issued by current members of the U.S. Supreme Court, Orwell was the third most cited author, coming after Shakespeare and Lewis Carroll. Thomas E. Ricks, Churchill and Orwell 249 (2017), citing Scott Dodson and Ami Dodson, Literary Justice,…
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Attorney-Client Privilege — Crime Fraud Exception Requires Showing of Fraud Independent of the Documents Sought under the Exception — Spoliation: No Duty to Preserve Absent Reasonably Foreseeable Dispute

Stone Surgical, LLC v. Stryker Corp., 2017 U.S. App. LEXIS 9031 (6th Cir. May 24, 2017): This case arises out of the deterioration of a decade-plus employment relationship between Stryker Corporation and Christopher Ridgeway. Stryker, a medical-device manufacturing company, employed Ridgeway as a sales representative, where he sold cu ...
Stone Surgical, LLC v. Stryker Corp., 2017 U.S. App. LEXIS 9031 (6th Cir. May 24, 2017): This case arises out of the deterioration of a decade-plus employment relationship between Stryker Corporation and Christopher Ridgeway. Stryker, a medical-device manufacturing company, employed…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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