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

Supreme Court: Arbitration — Rule That Inhibits Entering Arbitration Agreement (Requires Power of Attorney to Specifically OK Jury Waiver) Violates FAA — Rule “Applicable to Arbitration Agreements and Black Swans” (Good Quotes)

Kindred Nursing Ctrs. LP v. Clark, 2017 U.S. LEXIS 2948 (U.S. May 15, 2017): The Federal Arbitration Act (FAA or Act) requires courts to place arbitration agreements [*5]  "on equal footing with all other contracts." DIRECTV, Inc. v. Imburgia, 577 U. S. ___, ___, 136 S. Ct. 463, 468, 19 ...
Kindred Nursing Ctrs. LP v. Clark, 2017 U.S. LEXIS 2948 (U.S. May 15, 2017): The Federal Arbitration Act (FAA or Act) requires courts to place arbitration agreements [*5]  "on equal footing with all other contracts." DIRECTV, Inc. v. Imburgia,…
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Instagram Authentication — Contents, Including Photos with Kids, Sufficient Evidence of Authenticity — Burden on Opponent to Show Hacking — “To Agree Evidence Is Weak Is Not to Agree It Is Speculative or Untenable” (Good Quote)

People v. Taylor, 2017 Cal. App. Unpub. LEXIS 3247 (Cal. Ct. App. May 12, 2017): Following a joint trial, a jury convicted Ruben Ramon Guajardo, the shooter, and his cousin Gino Wayne Taylor, an aider ...
People v. Taylor, 2017 Cal. App. Unpub. LEXIS 3247 (Cal. Ct. App. May 12, 2017): Following a joint trial, a jury convicted Ruben Ramon Guajardo, the shooter, and his cousin Gino Wayne Taylor, an aider and abettor, of the first …
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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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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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