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

Sua Sponte Rule 11 Sanctions — More Exacting Abuse of Discretion Review — Akin-to-Contempt Standard (2d Circuit) — Deception of the Court by Omission

Revellino & Byczek, LLP v. Port Auth. of NY & NJ, 2017 U.S. App. LEXIS 4508 (2d Cir. Mar. 15 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellants Anthony Mahoney and the law ...
Revellino & Byczek, LLP v. Port Auth. of NY & NJ, 2017 U.S. App. LEXIS 4508 (2d Cir. Mar. 15 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court…
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RICO: Non-Specific Allegations of Relationship and Continuity Fail to Plausibly Allege Pattern — No Conspiracy If No Substantive Violation — Diversity: No Right to Have Jury Determine Domicile

Yagman v. Gabbert, 2017 U.S. App. LEXIS 5019 (9th Cir. Mar. 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-Appellant Stephen Yagman appeals the district court's dismissal of his Racketeer Influenced and Corrupt Organizations ...
Yagman v. Gabbert, 2017 U.S. App. LEXIS 5019 (9th Cir. Mar. 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-Appellant Stephen Yagman appeals the district court's…
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Blog Admissibility: Comments Section of Blog and Other Statements Made on Internet Introduced by Third Party Are Inadmissible for Their Truth

Gibson v. Swingle, 2017 Cal. App. Unpub. LEXIS 1337 (Cal. Ct. App. Feb. 24, 2017): Richard Gibson, an attorney, filed this action alleging Justin Swingle invaded his privacy and defamed him in Internet posts. The trial court granted summary judgment to Gibson and issued a permanent injunction enjoining Swingle from posting an ...
Gibson v. Swingle, 2017 Cal. App. Unpub. LEXIS 1337 (Cal. Ct. App. Feb. 24, 2017): Richard Gibson, an attorney, filed this action alleging Justin Swingle invaded his privacy and defamed him in Internet posts. The trial court granted summary judgment …
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Spoliation — No Adverse Inference Instruction for Video Recorded over in Ordinary Course of Business Where It Did Not Depict the Relevant Incident and Opponent Failed to Issue a Timely Request for Production [or Preservation] of It (Pre-37(e))

Parrish v. Dollar Gen. Corp., 2017 U.S. App. LEXIS 3568 (6th Cir. Feb. 27, 2017): This case involves the review of three decisions by the trial court: a denial of a motion to continue because of alleged nondisclosure of a material witness, a decision not to admonish the jury to disregard statements made by Dollar General's counsel ...
Parrish v. Dollar Gen. Corp., 2017 U.S. App. LEXIS 3568 (6th Cir. Feb. 27, 2017): This case involves the review of three decisions by the trial court: a denial of a motion to continue because of alleged nondisclosure of a…
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Judicial Notice of Internet Evidence — Court May Take Judicial Notice of Proceedings in Other Courts — Document Posted on Government Website Is Presumptively Authentic If Government Sponsorship Can Be Verified by Visiting the Website Itself

Bowmanv. Fister, 2016 U.S. Dist. LEXIS 152569 (E.D. Ky. Nov. 3, 2016): Vivian Janet Bowman is a resident of Lexington, Kentucky. Proceeding without counsel, Bowman has filed a civil complaint against defendants Rhonda Fister and the Fayette County Public School ("FCPS") system. [R. 1] This matter is before the Court to scree ...
Bowmanv. Fister, 2016 U.S. Dist. LEXIS 152569 (E.D. Ky. Nov. 3, 2016): Vivian Janet Bowman is a resident of Lexington, Kentucky. Proceeding without counsel, Bowman has filed a civil complaint against defendants Rhonda Fister and the Fayette County Public School…
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Internet Evidence — Website of Parent Can’t Be Attributed to Subsidiary under Rule 801(d)(2)(D) Absent Showing That Parent Was Sub’s Agent & Statements Were Made within the Scope of the Agency

Venegas v. Globa Aircraft Serv., Inc., 2016 U.S. Dist. LEXIS 130164 (D. Me. Sept. 23, 2016): Before the Court is the Defendants' joint motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 100). For the reasons stated below, the Defendants' joint motion for summary judgment is GRANTED IN P ...
Venegas v. Globa Aircraft Serv., Inc., 2016 U.S. Dist. LEXIS 130164 (D. Me. Sept. 23, 2016): Before the Court is the Defendants' joint motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 100). For the…
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Judicial Notice of Internet Evidence — Court May Take Notice of Defendant’s Website in Deciding Personal Jurisdiction

Almquist v. Synergo, LLC, 2016 U.S. Dist. LEXIS 79261 (D. Ore. May 20, 2016): Cassidy Almquist ("Almquist") filed an Amended Complaint against Synergo, LLC, an Oregon limited liability company, Synergo, an Oregon corporation (collectively "Synergo"), and the Association for Challenge Course Technology, a Delaware n ...
Almquist v. Synergo, LLC, 2016 U.S. Dist. LEXIS 79261 (D. Ore. May 20, 2016): Cassidy Almquist ("Almquist") filed an Amended Complaint against Synergo, LLC, an Oregon limited liability company, Synergo, an Oregon corporation (collectively "Synergo"), and the Association for Challenge…
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Inherent Power Sanctions — More Probing Appellate Review — Vexatious Litigant Injunctions & All Writs Act — Factors — Extrajudicial Misconduct: Acts before District Court Sanctionable by Bankruptcy Court Because in Same Case

Matter of Carroll (Carroll v. Abide, 2017 U.S. App. LEXIS 4367 (5th Cir. Mar. 13, 2017): PER CURIAM: The bankruptcy court declared William Douglas Carroll, Carolyn K. Carroll, Pamela K. Alonso, and Cynthia G. O'Neal vexatious litigants and set forth a pre-filing injunction against them. It also sanctioned the Carrol ...
Matter of Carroll (Carroll v. Abide, 2017 U.S. App. LEXIS 4367 (5th Cir. Mar. 13, 2017): PER CURIAM: The bankruptcy court declared William Douglas Carroll, Carolyn K. Carroll, Pamela K. Alonso, and Cynthia G. O'Neal vexatious litigants and set forth …
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Judicial Notice of Internet Evidence — U.S. Patent Office Records on 12(b)(6) Motion Only for the Limited Purpose of Showing Dates of Filings and Actions Described Therein

Morton & Bassett, LLC v. Organic Spices, Inc., 2016 U.S. Dist. LEXIS 120092 (N.D. Cal. Sept. 6, 2016): Before the Court is the motion to dismiss filed by Defendant-Counterclaimant Organic Spices, Inc. ("Defendant"). Dkt. No. 40 ("Mot."). Defendant moves to dismiss Plaintiff Morton & Bassett, LLC's ("Plaint ...
Morton & Bassett, LLC v. Organic Spices, Inc., 2016 U.S. Dist. LEXIS 120092 (N.D. Cal. Sept. 6, 2016): Before the Court is the motion to dismiss filed by Defendant-Counterclaimant Organic Spices, Inc. ("Defendant"). Dkt. No. 40 ("Mot."). Defendant moves to…
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RICO: Parallel Conduct, Even with Knowledge of Others’ Acts, Cannot Support a Plausible Inference of Agreement or Relationships Needed to State Enterprise — Twombly Parallel-Conduct Standard Also Applies to Conspiracy

Almanza v. United Airlines, Inc., 2017 U.S. App. LEXIS 4377 (11th Cir. Mar. 13, 2017): Some find travel taxing. Plaintiffs in this case are among them, but not for the usual reasons. Plaintiffs are Mexican nationals who, in flying with the Defendant airlines to and from the United States and Mexico, were charged, as part of th ...
Almanza v. United Airlines, Inc., 2017 U.S. App. LEXIS 4377 (11th Cir. Mar. 13, 2017): Some find travel taxing. Plaintiffs in this case are among them, but not for the usual reasons. Plaintiffs are Mexican nationals who, in flying with …
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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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