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

Attorney-Client Privilege: Communications between Attorney and 3d Party (Collection Agency) Hired by the Corporate Client Are Privileged Where 3d Party Was Specifically Hired to Find Counsel for Corporation & Is Thus Corporation’s Agent

Baylor v. Mitchell Rubenstein & Assocs., PC, 2017 U.S. App. LEXIS 9333 (D.C. Cir. May 30, 2017): In order to pursue a Master's degree in Computer Graphics, Demetra Baylor ("Appellant") took out six student loans. Several years after her graduation, Mitchell Rubenstein & Associates, P.C. ("Appellee") came callin ...
Baylor v. Mitchell Rubenstein & Assocs., PC, 2017 U.S. App. LEXIS 9333 (D.C. Cir. May 30, 2017): In order to pursue a Master's degree in Computer Graphics, Demetra Baylor ("Appellant") took out six student loans. Several years after her graduation,…
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Twitter Admissibility — Third Party Tweets May Be Relevant to Show Tweeter’s State of Mind But Exclusion Is Harmless If Tweeter Admits the Equivalent on the Stand

Williams v. State, 2017 Tex. App. LEXIS 5490 (Tex. Ct. App. June 15, 2017): Appellant Robert Marquis Lamar Williams appeals his conviction for murder2  of his three-year-old daughter, Anastasia. In two points, he contends that the evidence is insufficient to support the convict ...
Williams v. State, 2017 Tex. App. LEXIS 5490 (Tex. Ct. App. June 15, 2017): Appellant Robert Marquis Lamar Williams appeals his conviction for murder2  of his three-year-old daughter, Anastasia. In two points, he contends that the evidence is insufficient…
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§ 1927 Sanctions OK for Repeatedly Asserting Non-Existent Facts on SJ — Taxing Costs: Video, Steno Records Serve Different Purposes, Both Allowed — Cost of Deps That Would’ve Been Needed If Case Tried OK Though Not Used on Successful SJ Motion

Maiteki v. Marten Transp., Ltd., 2017 U.S. App. LEXIS 5366 (10th Cir. Mar. 28, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ...
Maiteki v. Marten Transp., Ltd., 2017 U.S. App. LEXIS 5366 (10th Cir. Mar. 28, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this…
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Disqualification—(1) Order Granting or Denying a Motion to Disqualify Counsel in a Civil Case Is Not Immediately Appealable & (2) Party Lacks Standing to Disqualify Opponent’s Counsel Absent Showing That The Representation Harmed It

Two Decisions, Same Case, Two Years Apart: (1) Schneider v. Cnty. of Will, 2015 U.S. App. LEXIS 23265 (7th Cir. Jan. 22, 2015): IT IS ORDERED that this appeal is DISMISSED for lack of jurisdiction. Generally, an appeal may not be taken in a civil case until a final judg ...
Two Decisions, Same Case, Two Years Apart: (1) Schneider v. Cnty. of Will, 2015 U.S. App. LEXIS 23265 (7th Cir. Jan. 22, 2015): IT IS ORDERED that this appeal is DISMISSED for lack of jurisdiction. Generally, an appeal may not…
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YouTube Admissibility — Third Party Statements on Video = Hearsay

Patton v. Warden, 2017 U.S. Dist. LEXIS 93574 (S.D. Ohio June 19, 2017): REPORT AND RECOMMENDATIONS This habeas corpus case under 28 U.S.C. § 2254 is before the Court for decision on the merits. Upon initial review of the Petition (ECF No. 1), the Court ordered the State to answer the Petition and set a date t ...
Patton v. Warden, 2017 U.S. Dist. LEXIS 93574 (S.D. Ohio June 19, 2017): REPORT AND RECOMMENDATIONS This habeas corpus case under 28 U.S.C. § 2254 is before the Court for decision on the merits. Upon initial review of the Petition…
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Supreme Court—Specific Jurisdiction: State Court Lacks Personal Jur. over Defendant re Nonresidents’ Claims Identical to Those of Residents’, Absent Connection between Forum & Claims — Must Sue in State with Gen. Jur. or Maybe Federal Court

Bristol-Myers Squibb Co. v. Superior Court, 2017 U.S. LEXIS 3873 (U.S. June 19, 2017): More than 600 plaintiffs, most of whom are not California residents, filed this civil [*6]  action in a California state court against Bristol-Myers Squibb Company (BMS), asserting a variety of state-law claims based on injuries allegedly caused by ...
Bristol-Myers Squibb Co. v. Superior Court, 2017 U.S. LEXIS 3873 (U.S. June 19, 2017): More than 600 plaintiffs, most of whom are not California residents, filed this civil [*6]  action in a California state court against Bristol-Myers Squibb Company (BMS),…
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Blog Admissibility: Third-Party Blog Posts Are Hearsay

Spellman v. Benjamin Moore & Co., 2016 Pa. Dist. & Cnty. Dec. LEXIS 18216 (Ct. Com. Pl. Oct. 7, 2016): This appeal follows a jury trial concluded in May of 2016, in which the jury found in favor of Defendant, Benjamin Moore & Co., on Plaintiffs' claims against Benjamin Moore & Co. for alleged fraudulent misrepresentation, ...
Spellman v. Benjamin Moore & Co., 2016 Pa. Dist. & Cnty. Dec. LEXIS 18216 (Ct. Com. Pl. Oct. 7, 2016): This appeal follows a jury trial concluded in May of 2016, in which the jury found in favor of Defendant, …
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Spoliation of Tangible Evidence — Bad Faith Still Required for Adverse Inference Instruction in Tenth Circuit

Rife v Okla. Dep’t of Public Safety, 2017 U.S. App. LEXIS 1117 (10th Cir. April 12, 2017) (note: this opinion amends the opinion excerpted in our posting of February 21, 2017): ORDER This matter is before the court on appellees McCurtain County Jail Trust, Chad Dale and Jonathon Will ...
Rife v Okla. Dep’t of Public Safety, 2017 U.S. App. LEXIS 1117 (10th Cir. April 12, 2017) (note: this opinion amends the opinion excerpted in our posting of February 21, 2017): ORDER This matter is before the court…
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Supreme Court: Class Actions — Plaintiffs Denied Certification Can’t Voluntarily Dismiss Individual Claims to Appeal Certification & Revive Their Claims If They Win — Must Try the Case — Rule 23(f) Is Sole Avenue for Interlocutory Review

Microsoft Corp. v. Baker, 2017 U.S. LEXIS 3721 (U.S. June 12, 2017): This case concerns options open to plaintiffs, when denied class-action [*7]  certification by a district court, to gain appellate review of the district court's order. Orders granting or denying class certification, this Court has held, are "inherently int ...
Microsoft Corp. v. Baker, 2017 U.S. LEXIS 3721 (U.S. June 12, 2017): This case concerns options open to plaintiffs, when denied class-action [*7]  certification by a district court, to gain appellate review of the district court's order. Orders granting or…
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Rule 41(b) Dismissal of Claim Asserted by Corporation Not Represented by Counsel Proper — Corp. Must Be Represented — In C.D. Cal., Same Applies to LLCs under Local Rule

Bourbeau v. Cogntive Code Corp., 2017 U.S. App. LEXIS 8444 (9th Cir. May 11, 2017): AMENDED MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs-Appellants John Bourbeau, Joseph G. Odish, ...
Bourbeau v. Cogntive Code Corp., 2017 U.S. App. LEXIS 8444 (9th Cir. May 11, 2017): AMENDED MEMORANDUM* *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs-Appellants John Bourbeau,…
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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