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

§ 1927 Sanctions: Once It Is Obvious a Position Lacks Factual or Legal Basis, Continued Assertion of It Exposes Counsel to § 1927 Sanctions (Good Quote)

Valley Forge Ins. Co. v. Hartford Iron & Metal, 2017 U.S. Dist. LEXIS 64514 (N.D. Ind. April 28, 2017): Hartford Iron moved that the court reconsider the portion of its January 4, 2017 order [Doc. No. 609] dismissing certain counterclaims against Valley Forge insofar as they related to Valley Forge's alleged ongoing conflict of in ...
Valley Forge Ins. Co. v. Hartford Iron & Metal, 2017 U.S. Dist. LEXIS 64514 (N.D. Ind. April 28, 2017): Hartford Iron moved that the court reconsider the portion of its January 4, 2017 order [Doc. No. 609] dismissing certain counterclaims …
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Absent Compelling Reasons, Circuit Will Not Create Circuit Split on State Law Issue by Disagreeing with Circuit That Encompasses That State

Halajian v. Deutsche Bank Nat'l Trust Co., 2017 U.S. App. LEXIS 7497 (9th Cir. April 27, 2017): *This disposition is not appropriate for publication and is not precedent except as provided by < ...
Halajian v. Deutsche Bank Nat'l Trust Co., 2017 U.S. App. LEXIS 7497 (9th Cir. April 27, 2017): *This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In 2005, appellant…
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Judicial Recusal — 1974 Amendment to 28 U.S.C. § 455 Requires That Judge Must Have Participated As Counsel in a Case, Not Simply Have Been Of Counsel — And Case Is Strictly Construed

United States v Norwood, 2017 U.S. App. LEXIS 6508 (8th Cir. April 17, 2017): PER CURIAM. Marion Anthony Norwood appeals the judgment of the district court1 entered after a jury found him guilty of conspiracy to commit bank fraud. See 18 U.S.C. §§ 1344, 1349. Norwood's counsel filed a brief pu ...
United States v Norwood, 2017 U.S. App. LEXIS 6508 (8th Cir. April 17, 2017): PER CURIAM. Marion Anthony Norwood appeals the judgment of the district court1 entered after a jury found him guilty of conspiracy to commit bank fraud. See…
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Inherent Power Sanctions — Dismissal for Failure to Comply with Court-Ordered Deadline to File Amended Complaint — No Bad Faith Evident or Required — Appeals: Matters Not Specifically Argued in Opening Brief Not Considered

Zochlinski v. Univ. of Cal., 2017 U.S. App. LEXIS 6783 (9th Cir. April 11, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Howard Alan Zochlinski appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action for ...
Zochlinski v. Univ. of Cal., 2017 U.S. App. LEXIS 6783 (9th Cir. April 11, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Howard Alan Zochlinski appeals pro…
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RICO: Payment for Unnecessary Medical Treatment Constitutes Injury to Business or Property Even Though Personal Injuries and Pecuniary Losses Flowing from Them Do Not — CAFA: Federal Question Jurisdiction Trumps Local Controversy Exception

Blevins v. Aksut, 2017 U.S. App. LEXIS 3689 (11th Cir. Mar. 1, 2017): This case arises out of Defendant Doctor Seydi V. Aksut's alleged performance of unnecessary heart procedures. Two issues are on appeal. First, we must decide whether the Class Action Fairness Act's ("CAFA") local-controversy provision, ...
Blevins v. Aksut, 2017 U.S. App. LEXIS 3689 (11th Cir. Mar. 1, 2017): This case arises out of Defendant Doctor Seydi V. Aksut's alleged performance of unnecessary heart procedures. Two issues are on appeal. First, we must decide whether the …
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Rule 11 Sanctions: “Because the Rule Is Not Intended to Chill an Attorney’s Enthusiasm … Sanctions Are Reserved for the Exceptional Case” (Good Quotes) — Frivolous = Baseless + No Inquiry

Lima v. Deutsche Bank Nat’l Trust Co., 2017 U.S. App. LEXIS 6752 (9th Cir. April 19, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In these cases, Defendants-Appellants the Law Office of David B. Rosen and David B. Rosen, Esq. ...
Lima v. Deutsche Bank Nat’l Trust Co., 2017 U.S. App. LEXIS 6752 (9th Cir. April 19, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In these cases,…
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Judicial Notice of Internet Evidence — Notice Taken of Wayback Machine Results over Objection

UL LLC v. Space Chariot, Inc., 2017 U.S. Dist. LEXIS 60585 (C.D. Cal. April 20, 2017): The Court finds this motion appropriate for decision without oral argument. See
UL LLC v. Space Chariot, Inc., 2017 U.S. Dist. LEXIS 60585 (C.D. Cal. April 20, 2017): The Court finds this motion appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. Accordingly,…
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Sua Sponte Dismissal without Prejudice Failure to File RICO Case Statement, Even If Erroneous, Not Reversible If Plaintiff Had Time to Refile within SOL — Inherent Power Dismissal for Failure to Prosecute Reviewed with an Eye on Rule 41(b) Standards

Moskovits v Aldridge Pite, LLP, 2017 U.S. App. LEXIS 1199 (11th Cir. Jan. 24, 2017): Pro se plaintiff Alexander Moskovits filed a putative class-action suit in the Southern District of Florida against twenty-three defendants, alleging that defendants engaged in a widespread conspiracy to fraudulently ...
Moskovits v Aldridge Pite, LLP, 2017 U.S. App. LEXIS 1199 (11th Cir. Jan. 24, 2017): Pro se plaintiff Alexander Moskovits filed a putative class-action suit in the Southern District of Florida against twenty-three defendants, alleging that defendants engaged in a …
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Inherent Power Sanctions — Frivolousness Alone Not Enough — Bad Faith Required, May Be Inferred — Disobedience to Court Is Key — Nightmare of Diversity Jurisdiction with LLCs (Good Quotes)

Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 U.S. App. LEXIS 4918 (11th Cir. Mar. 20, 2017): This case demonstrates the difficulty of applying established diversity jurisdiction principles to 21st-century business organizations. When determining citizenship of the parties for diversity jurisdiction purposes, a limited ...
Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 U.S. App. LEXIS 4918 (11th Cir. Mar. 20, 2017): This case demonstrates the difficulty of applying established diversity jurisdiction principles to 21st-century business organizations. When determining citizenship of the parties for diversity …
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Supreme Court: Inherent Power Sanctions — Only Attorney’s Fees and Costs Incurred As a Result of the Misconduct Are Awardable — But-For Test — Substantial Discretion to Do “Rough Justice”

Goodyear Tire & Rubber Co. v. Haeger, 2017 U.S. LEXIS 2613 (U.S. April 18, 2017): In this case, we consider a federal court's inherent authority to sanction a litigant for bad-faith conduct by ordering it to pay the other side's legal fees. We hold that such an order is limited to the fees the innocent party incurred s ...
Goodyear Tire & Rubber Co. v. Haeger, 2017 U.S. LEXIS 2613 (U.S. April 18, 2017): In this case, we consider a federal court's inherent authority to sanction a litigant for bad-faith conduct by ordering it to pay the other side's …
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Recent Posts

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

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

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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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