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

Facebook Authentication — Party’s Posts Are Admissions; Others’ Comments Are Hearsay (Here, Redacted)

Ripstra v. State, 2016 Tex. App. LEXIS 13778 (Tex. Ct. App. Dec. 29, 2016): In four issues, Katie Alice Ripstra appeals her two convictions for felony injury to a child. She challenges (1) the legal sufficiency of the evidence in support of the jury's guilty verdicts; (2) the trial court's denial of her motion ...
Ripstra v. State, 2016 Tex. App. LEXIS 13778 (Tex. Ct. App. Dec. 29, 2016): In four issues, Katie Alice Ripstra appeals her two convictions for felony injury to a child. She challenges (1) the legal sufficiency of the evidence in…
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Rule 11 — When District Court Denies Sanctions, It Must Provide an Explanation Sufficient for the Court of Appeals to Understand Its Disposition — Remand Otherwise Required

Armendariz v. Chowaiki, 2017 U.S. App. LEXIS 5531 (5th Cir. Mar. 30, 2017): PER CURIAM:* *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Armendariz v. Chowaiki, 2017 U.S. App. LEXIS 5531 (5th Cir. Mar. 30, 2017): PER CURIAM:* *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the…
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RICO: No Injury Where Landlord Breached Statutory Duty to List on Lease Address of Bank in Which Security Deposits Held But Gave Plaintiffs Everything They Were Owed — To Allege that a Fact Is or Is Not True Is Not a Factual Claim at All (Good Quote)

Wall v. Michigan Rental, 2017 U.S. App. LEXIS 4094 (6th Cir. Mar. 6, 2017): What started out as a landlord-tenant dispute has become a lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO). Mariah Wall, Christopher Boston, and Craig Mulhinich allege that Zaki Jamil Alawi and his companies committed federal wire, ...
Wall v. Michigan Rental, 2017 U.S. App. LEXIS 4094 (6th Cir. Mar. 6, 2017): What started out as a landlord-tenant dispute has become a lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO). Mariah Wall, Christopher Boston, and Craig…
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Noerr-Pennington Doctrine Protects Actions before Courts and Administrative Agencies, Pre-Litigation Threat Letters and Settlement Offers and “Concerted Efforts Incident to Litigation” — Sham Exception Requires Objective Baselessness

Singh v. NYCTL 2009-A Trust, 2017 U.S. App. LEXIS 4961 (2d Cir. Mar. 21, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby is AFFIRMED. Plaintiff-appellant Powan K. Singh ap ...
Singh v. NYCTL 2009-A Trust, 2017 U.S. App. LEXIS 4961 (2d Cir. Mar. 21, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby is AFFIRMED…
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Removal: Given That District Court May Not Sua Sponte Remand for a Procedural Defect, Is Removal by a Forum Defendant Procedural or Jurisdictional? — Circuit Split — Domicile, Not Residence, Determines Citizenship for Diversity Purposes

Martin v. Phillips, 2017 U.S. Dist. LEXIS 37792 (M.D. Fla. Mar. 16, 2017): ORDER THIS CAUSE is before the Court sua sponte. Federal courts are courts of limited jurisdiction and therefore have an obligation to inquire into their subject matter jurisdiction. See Kirkland v. Midland Mo ...
Martin v. Phillips, 2017 U.S. Dist. LEXIS 37792 (M.D. Fla. Mar. 16, 2017): ORDER THIS CAUSE is before the Court sua sponte. Federal courts are courts of limited jurisdiction and therefore have an obligation to inquire into their subject matter…
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Who Bears the Burden of Proof as to Service When It Is Challenged after a Default Judgment Has Been Entered? — Circuit Split

McGehee v. Diversified Global Servs., LLC, 2017 U.S. Dist. LEXIS 38810 (D. Tenn. Mar. 17, 2017) (R&R): Authority is split as to who bears the burden of proof when service is challenged after default judgment has been entered. It is well-settled that the plaintiff bears the burden to establish that service [*9] ...
McGehee v. Diversified Global Servs., LLC, 2017 U.S. Dist. LEXIS 38810 (D. Tenn. Mar. 17, 2017) (R&R): Authority is split as to who bears the burden of proof when service is challenged after default judgment has been entered. It is…
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Sanctions: Due Process Satisfied If Court Exercises Personal Jurisdiction over Individual Who Is Alter Ego of Entity over Which Court Has Jurisdiction — Appeals: Contentions Not Raised in Argument Section of Opening Brief Waived

Aldmyr Sys., Inc. v. Friedman, 2017 U.S. App. LEXIS 2338 (4th Cir. Feb. 9, 2017): PER CURIAM: Aldmyr Systems, Inc., and Zegato Solutions, Inc. (collectively "Appellants"), appeal the district court's dismissal of their complaint and the court's determination that sanctions were warranted against Appellants, th ...
Aldmyr Sys., Inc. v. Friedman, 2017 U.S. App. LEXIS 2338 (4th Cir. Feb. 9, 2017): PER CURIAM: Aldmyr Systems, Inc., and Zegato Solutions, Inc. (collectively "Appellants"), appeal the district court's dismissal of their complaint and the court's determination that sanctions…
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RICO Conspiracy: Neither Suspicions about Nor Investigation into Miscreant’s Conduct = Conspiracy, Which Requires More Than Knowledge & Presence — Pleading: Importance of Including a General Denial in Answer (Good Language to Quote)

Aguilar v. PNC Bank, N.A., 2017 U.S. App. LEXIS 2150 (8th Cir. Feb. 7, 2017): Ninety-two plaintiffs1 filed suit against PNC Bank, N.A. (PNC), alleging, among other things, (1) violations of Missouri's Uniform Fiduciaries Law (UFL); (2) aiding and abetting the breach of ...
Aguilar v. PNC Bank, N.A., 2017 U.S. App. LEXIS 2150 (8th Cir. Feb. 7, 2017): Ninety-two plaintiffs1 filed suit against PNC Bank, N.A. (PNC), alleging, among other things, (1) violations of Missouri's Uniform Fiduciaries Law (UFL); (2) aiding and…
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Internet Evidence — Municipal Government Program Accessed via Wayback Machine — Implicit Judicial Notice of Program’s Self-Description on Its Website as of 2011

Ferone v. Colvin, 2015 U.S. Dist. LEXIS 181826 (S.D.N.Y. June 17, 2016) (R&R): I. Introduction   Plaintiff, Nanette L. Ferone, brings this action pursuant to Section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), seeking judicial review of a fina ...
Ferone v. Colvin, 2015 U.S. Dist. LEXIS 181826 (S.D.N.Y. June 17, 2016) (R&R): I. Introduction   Plaintiff, Nanette L. Ferone, brings this action pursuant to Section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), seeking judicial review …
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Evidence-Summarizing Charts under Fed. R. Evid. 1006 — Non-Voluminous Information (Texts) May Be Deemed Voluminous When It Cannot Conveniently Be Examined in Court and Is Pulled from Vast Fields of Information

Osborne, 2017 U.S. App. LEXIS 59 (11th Cir. Jan. 4, 2017):  PER CURIAM: Appellant Damien Bernard Osborne challenges his conviction for armed bank robbery, following a three-day jury trial. He raises arguments that the district court improperly admitted two categories of evidence: (1) text messages between a cell-phone number attributed ...
Osborne, 2017 U.S. App. LEXIS 59 (11th Cir. Jan. 4, 2017):  PER CURIAM: Appellant Damien Bernard Osborne challenges his conviction for armed bank robbery, following a three-day jury trial. He raises arguments that the district court improperly admitted two categories…
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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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