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

Cumulative Racist Text Messages Excluded under Rule 403 in Employment Discrimination Trial — Attempted Spoliation of Texts Excluded as Irrelevant Where Contents “Repeated for the Jury Ad Nauseam”

Phoenix v. Coatesville Area Sch. Dist., 2017 U.S. App. LEXIS 4871 (3d Cir. Mar. 20, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In an employment discrimination action alleging constructive discharge on the basis of race, Jahmal Phoen ...
Phoenix v. Coatesville Area Sch. Dist., 2017 U.S. App. LEXIS 4871 (3d Cir. Mar. 20, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In an employment …
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Rule 11, §1927 and Inherent Power Sanctions — Standards — Vexatious Litigant Injunctions Typically Used for Egregious Abuse of the Judicial Process — Mere Lack of Merit Insufficient for Imposition of Sanctions (Good Quotes)

Sorenson v. Wolfson, 2017 U.S. App. LEXIS 4591 (2d Cir. Mar. 16, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellant Stanley Wolfson appeals from the district court ...
Sorenson v. Wolfson, 2017 U.S. App. LEXIS 4591 (2d Cir. Mar. 16, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellant Stanley Wolfson appeals from…
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RICO/McCarran Ferguson: Claims Attacking Financial Condition, Accounting of Insurer Impair Regulation of Insurance, Requiring Second Guessing of Regulatory Judgments — Twiqbal: Unsophistication of Plaintiff Doesn’t Render Complex Claims Implausible

Ludwick v. Harbinger Grp., Inc., 2017 U.S. App. LEXIS 6391 (8th Cir. April 13, 2017): The question in this case is whether letting Dale Ludwick pursue her federal racketeering claims against an insurance company and its affiliates would impair state regulation of the insurance business in Iowa, Maryland, or Missouri. We agree ...
Ludwick v. Harbinger Grp., Inc., 2017 U.S. App. LEXIS 6391 (8th Cir. April 13, 2017): The question in this case is whether letting Dale Ludwick pursue her federal racketeering claims against an insurance company and its affiliates would impair state …
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May a Court Grant a 12(b)(6) Motion to Dismiss Solely on the Ground That the Plaintiff Failed to Respond to the Motion? (Circuit Split)

Block v. Dakota Nation Gaming Comm'n & Dakota Sioux Casino & Hotel, 2017 U.S. Dist. LEXIS 67325 (D. S.D. May 3, 2017): Plaintiff Dawn Block filed a complaint with this Court on December 1, 2016, claiming: (1) breach of confidentiality; (2) Privacy Act of 1974; and (3) defamation. The defendants have moved to dismiss all counts pur ...
Block v. Dakota Nation Gaming Comm'n & Dakota Sioux Casino & Hotel, 2017 U.S. Dist. LEXIS 67325 (D. S.D. May 3, 2017): Plaintiff Dawn Block filed a complaint with this Court on December 1, 2016, claiming: (1) breach of confidentiality;…
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Homicide as Spoliation: Spoliation by Shooting, Allowing Decedent in Death Action to Die — Rules of Interpretation of US/Native American Treaties — Issue Preclusion: Honoring Statements of First Court as to What It Was Deciding

Jones v. United States, 2017 U.S. App. LEXIS 1479 (Fed. Cir. Jan. 27, 2017): Debra Jones, Arden C. Post, and the Ute Indian Tribe of the Uintah and Ouray Reservations (collectively, "Jones"), appeal the judgment of the United States Court of Federal Claims ("CFC") dismissing (1) Jones's claims for damages again ...
Jones v. United States, 2017 U.S. App. LEXIS 1479 (Fed. Cir. Jan. 27, 2017): Debra Jones, Arden C. Post, and the Ute Indian Tribe of the Uintah and Ouray Reservations (collectively, "Jones"), appeal the judgment of the United States Court…
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Text Authentication — Admission of Ownership of Cell Phones Suffices to Authenticate Content Extracted via Data Dump and Tie It Owner (Note That Some of the Texts Self-Identified the Author As Sender) [Email]

Hoey v. State, 2017 Ark. App. LEXIS 267 (Ark. Ct. App. April 27, 2017):  Robert Maurice Hoey was convicted in the Miller County Circuit Court of possession of more than twenty-five pounds of marijuana with intent to deliver, and he was sentenced to eight years' imprisonment in the Arkansas Department of Correction. On appeal, Hoe ...
Hoey v. State, 2017 Ark. App. LEXIS 267 (Ark. Ct. App. April 27, 2017):  Robert Maurice Hoey was convicted in the Miller County Circuit Court of possession of more than twenty-five pounds of marijuana with intent to deliver, and he…
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Voicemail Admissibility: Voicemails Left for Victim by Murder Defendant on Date of Shooting Admissible for Their Truth under State of Mind Exception to Hearsay Rule

White v. State, 2017 Nev. Unpub. LEXIS 301 (Nev. Sup. Ct. April 26, 2017): This is an appeal from a judgment of conviction, pursuant to a jury verdict, of second-degree murder with the use of a deadly weapon, attempted murder with the use of a deadly weapon, carrying a concealed firearm or other deadly weapon, and five counts of child ...
White v. State, 2017 Nev. Unpub. LEXIS 301 (Nev. Sup. Ct. April 26, 2017): This is an appeal from a judgment of conviction, pursuant to a jury verdict, of second-degree murder with the use of a deadly weapon, attempted murder…
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Sanctions: Policy with Exclusion for Sanctions Not Triggered by Contempt Motion for Fees Because It Seeks Compensation as a Punishment — Would Coverage Exist If Motion Sought Fees from Insured (Firm) Indirectly Due to Conduct of Its Lawyers?

Jones, Foster, Johnston & Stubbs, PA v. Prosight-Synicate 1110 at Lloyd's, 2017 U.S. App. LEXIS 2550 (11th Cir. Feb. 14, 2017): This appeal concerns whether professional liability insurer ProSight-Syndicate 1110 at Lloyd's ("ProSight") was contractually obligated to defend several attorneys employed by its in ...
Jones, Foster, Johnston & Stubbs, PA v. Prosight-Synicate 1110 at Lloyd's, 2017 U.S. App. LEXIS 2550 (11th Cir. Feb. 14, 2017): This appeal concerns whether professional liability insurer ProSight-Syndicate 1110 at Lloyd's ("ProSight") was contractually obligated to defend several attorneys …
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Inherent Power Sanctions for Knowingly Bringing a Time-Barred Suit — Bad Faith for an Attorney to Raise a Frivolous Argument Knowingly or Recklessly (9th Circuit)

Goldmanis v. Insinger, 2017 U.S. App. LEXIS 4098 (9th Cir. Mar. 8, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff Linda Insinger appeals the district court's grant of summary judgment to Defendants and ...
Goldmanis v. Insinger, 2017 U.S. App. LEXIS 4098 (9th Cir. Mar. 8, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff Linda Insinger appeals the district court's…
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Rule 11 & § 1927 Sanctions: Court Abuses Discretion When No Reasonable Person Would Agree with It (7th Cir.)—Failure to Disclose Named Plaintiff Is Member of Firm Representing Her Borderline But Failure to Sanction ≠ Abuse of Discretion

Blow v. Bijora, Inc., 2017 U.S. App. LEXIS 7926 (7th Cir. May 4, 2017): In May 2011, Nicole Strickler brought this class-action lawsuit against Chicago-based retailer Bijora, Inc., doing business as Akira.1 Strickler was later replaced as named plaintiff by Nicole Blow, who alleged that Akira's practice of sendi ...
Blow v. Bijora, Inc., 2017 U.S. App. LEXIS 7926 (7th Cir. May 4, 2017): In May 2011, Nicole Strickler brought this class-action lawsuit against Chicago-based retailer Bijora, Inc., doing business as Akira.1 Strickler was later replaced as named plaintiff by …
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Recent Posts

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

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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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