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

Judicial Notice of Internet Evidence: Federal Court May Take Judicial Notice of Another Court’s Website As Well As Public Records and Government Documents Available from Reliable Sources on the Internet

Flores v. Smith, 2017 U.S. Dist. LEXIS 67059 (E.D. Mich. May 3, 2017): *** Petitioner pled guilty [*2]  to forgery in the Lenawee Circuit Court in 2013. He was sentenced as indicated above on October 4, 2013. According to the allegations in the petition, and as confirmed by the Michigan One Court of Justice website, Petitione ...
Flores v. Smith, 2017 U.S. Dist. LEXIS 67059 (E.D. Mich. May 3, 2017): *** Petitioner pled guilty [*2]  to forgery in the Lenawee Circuit Court in 2013. He was sentenced as indicated above on October 4, 2013. According to the…
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Rule 11 Sanctions: Where One of Two Jointly Sanctioned Pays Full Award, Appeal by Other Is Moot (Query Why Award as to Appellant Wasn’t Vacated on Due Process Grounds Since Appellant Lost Right to Be Heard)

Laney v. Slaten, 2017 U.S. App. LEXIS 7692 (11th Cir. May 1, 2017): PER CURIAM: Victoria Laney appeals the district court's dismissal of her claims against Jill Rygh,1 Southwest Property Management of Central Florida, Robert McKey, and The Hammocks Homeowner's Association of Orange County, Inc. (collectively ...
Laney v. Slaten, 2017 U.S. App. LEXIS 7692 (11th Cir. May 1, 2017): PER CURIAM: Victoria Laney appeals the district court's dismissal of her claims against Jill Rygh,1 Southwest Property Management of Central Florida, Robert McKey, and The Hammocks Homeowner's…
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Securities — Investment Contract Factors — Investor’s Duties Must Be Nominal — RICO — Conspiracy Falls with Substantive Claim (9(b)) — No Error in Failing to Grant Leave to Amend Sua Sponte Except in Civil Rights Case

NE Revenue Servs., Inc. v. Maps Indeed, Inc., 2017 U.S. App. LEXIS 6262 (3d Cir. April 12, 2017): *   This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. The plaintiff, Northeast Revenue Services LLC ("Northeast Revenue"), brought this suit allegin ...
NE Revenue Servs., Inc. v. Maps Indeed, Inc., 2017 U.S. App. LEXIS 6262 (3d Cir. April 12, 2017): *   This disposition is not an opinion of the full court and, pursuant to I.O.P. 5.7, does not constitute binding precedent. The…
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Experts: Under Daubert, Court Evaluates Methodology, Not Conclusion — Reliance on Other Expert — Substantial Justification/Harmless Error Factors — Where Supplemental Opinion Decreases Damages, Opponent Not Impermissibly Blindsided

Bresler v. Wilmington Trust Co., 2017 U.S. App. LEXIS 6880 (4th Cir. April 20, 2017) (majority opinion): In this appeal, we consider breach of contract claims brought by Fleur Bresler (Fleur) and her son, Sidney Bresler (Sidney) (collectively, the plaintiffs), as Co-Personal Representatives of the Estate of Charles S. Bresler ...
Bresler v. Wilmington Trust Co., 2017 U.S. App. LEXIS 6880 (4th Cir. April 20, 2017) (majority opinion): In this appeal, we consider breach of contract claims brought by Fleur Bresler (Fleur) and her son, Sidney Bresler (Sidney) (collectively, the plaintiffs), …
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Hearsay: Email Proposing to “Get Aggressive” with Counterparty Is a Non-Hearsay Proposal to Perform an Act — Email from Counsel Identifying Strength of Opponent’s Position Claim Offered for Notice, Not Truth

O&M Llc v. Aldridge Pite Llp, 2017 Cal. App. Unpub. LEXIS 2982 (Cal. Ct. App. April 28, 2017): Aldridge Pite LLP, successor by merger to Pite Duncan, LLP and Diane Elizabeth Bond (collectively Pite) appeal from an order denying their special motion to strike1
O&M Llc v. Aldridge Pite Llp, 2017 Cal. App. Unpub. LEXIS 2982 (Cal. Ct. App. April 28, 2017): Aldridge Pite LLP, successor by merger to Pite Duncan, LLP and Diane Elizabeth Bond (collectively Pite) appeal from an order denying their …
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Facebook Admissibility — Posts Determined to Be Present Sense Impressions (PSIs) from Their Text — Failure to Particularize Hearsay Objection to Parts of Those Posts That Were Not PSIs Forfeits Objection

Wilkinson v. State , 2017 Tex. App. LEXIS 3808 (Tex. Ct. App. April 27, 2017): Appellant Jeffrey Lynn Wilkinson appeals from his misdemeanor conviction for assault involving family violence. After a jury foun ...
Wilkinson v. State , 2017 Tex. App. LEXIS 3808 (Tex. Ct. App. April 27, 2017): Appellant Jeffrey Lynn Wilkinson appeals from his misdemeanor conviction for assault involving family violence. After a jury found appellant guilty, the trial court assessed his…
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§ 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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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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