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

Emails Produced by Party Opponent Are Presumptively Authentic — Under 801(d)(2) (Admissions of Party Opponent), They Are Not Hearsay, Either

Federal Trade Commission v. AMG Servs., Inc., 2016 U.S. Dist. LEXIS 135765 (D. Nev. Sept. 30, 2016): Pending before the Court is a Motion for Summary Judgment, (ECF No. 900), filed by Defendants AMG Capital Management, LLC ("AMG Capital"); Level 5 Motorsports, LLC ("Level 5"); Black Creek Capital Corporation (" ...
Federal Trade Commission v. AMG Servs., Inc., 2016 U.S. Dist. LEXIS 135765 (D. Nev. Sept. 30, 2016): Pending before the Court is a Motion for Summary Judgment, (ECF No. 900), filed by Defendants AMG Capital Management, LLC ("AMG Capital"); Level…
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§ 1927 Sanctions — No Bad Faith Required in Sixth Circuit (Circuit Split) — Lawyer Need Only Objectively Fall Short of The Obligations Owed to the Court, Causing Additional Expense to Adversary

Knopf v. Elite Moving Sys., 2017 U.S. App. LEXIS 1524 (6th Cir. Jan. 25, 2017): Attorney Stuart Sandweiss represented Meyer Knopf in a suit against Elite Moving Systems after Knopf's belongings were damaged during a move from California to Michigan in 2010. The parties reached a mediated settlement on December 1, 2014 but were una ...
Knopf v. Elite Moving Sys., 2017 U.S. App. LEXIS 1524 (6th Cir. Jan. 25, 2017): Attorney Stuart Sandweiss represented Meyer Knopf in a suit against Elite Moving Systems after Knopf's belongings were damaged during a move from California to Michigan…
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State Res Judicata Rules Determine Whether RICO Action Precluded by Prior State Court Judgment on Same Claims — Noerr-Pennington Protects Lawyers Absent Factual Allegations Establishing Sham Exception

Alers v. Bank of Am., N.A., 2016 U.S. App. LEXIS 21117 (9th Cir. Nov. 23, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Alejandro Alers, Sr. appeals pro se from the district court's judgment dismissing his action alleging violations of th ...
Alers v. Bank of Am., N.A., 2016 U.S. App. LEXIS 21117 (9th Cir. Nov. 23, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Alejandro Alers, Sr. appeals…
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RICO: If Pattern Exists, Only One Predicate Act Need Cause Injury — Paying Assistant to Compile Records Responding to Fraudulent Claim = Injury — Multiple (Generic) RICO Issues Establish Commonality for Class Certification Purposes

Just Film, Inc. v. Buono, 2017 U.S. App. LEXIS 2164 (9th Cir. Feb. 7, 2017): Plaintiffs-Appellees are small businesses and small business owners who leased "point of sale" credit and debit card processing equipment. They allege that Defendants-Appellants (the "Leasing Defendants") defrauded them in a scheme that in ...
Just Film, Inc. v. Buono, 2017 U.S. App. LEXIS 2164 (9th Cir. Feb. 7, 2017): Plaintiffs-Appellees are small businesses and small business owners who leased "point of sale" credit and debit card processing equipment. They allege that Defendants-Appellants (the "Leasing…
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Does Federal or State Law Govern Waiver of Arbitration or Forum Selection Clause? (Uncertain) — Test for Waiver — Fed Law Governs Enforceability, State/Chosen Law Interpretation — Error to Deny Timely 1st Motion to Amend Not Shown to Be Moot

SGIC Strategic Global Inv. Capital, Inc. v. Burger King Europe GMBH, 2016 U.S. App. LEXIS 18304 (5th Cir. Oct. 10, 2016): This case arises from a series of disputes over Burger King franchises located in Germany. The district court granted Defendant-Appellee's motion to dismiss Plaintiffs-Appellants' claims on grounds of forum ...
SGIC Strategic Global Inv. Capital, Inc. v. Burger King Europe GMBH, 2016 U.S. App. LEXIS 18304 (5th Cir. Oct. 10, 2016): This case arises from a series of disputes over Burger King franchises located in Germany. The district court granted…
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Text/Email Evidence — Only Outgoing Messages from Party’s Phone Are Admissions — Incoming Are Hearsay [and Must Fall within an Exception or Be Offered for a Non-Hearsay Purpose]

Glispie v. State, 2016 Ga. LEXIS 736 (Ga. S.Ct. Nov. 7, 2016): In Glispie v. State, 335 Ga. App. 177 (779 SE2d 767) (2015), the Court of Appeals affirmed Jaylend Glispie's convictions for violation of the Georgia Controlled Substance Act and certain driving offenses. We granted certiorari to consider the following two que ...
Glispie v. State, 2016 Ga. LEXIS 736 (Ga. S.Ct. Nov. 7, 2016): In Glispie v. State, 335 Ga. App. 177 (779 SE2d 767) (2015), the Court of Appeals affirmed Jaylend Glispie's convictions for violation of the Georgia Controlled Substance Act…
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Spoliation — No Adverse Inference If No Causation Because Pertinent Claims Dismissed for Reasons Adverse Inference Wouldn’t Address or Cure

Lopez v. City of West Miami, 2016 U.S. App. LEXIS 18582 (11th Cir. Oct. 17, 2016): Myrna Lopez appeals the district court's grant of summary judgment in favor of her former employer, the City of West Miami, on her claims under the Family and Medical Leave Act, 29 U.S.C. § 2611, et seq., as well as the district court' ...
Lopez v. City of West Miami, 2016 U.S. App. LEXIS 18582 (11th Cir. Oct. 17, 2016): Myrna Lopez appeals the district court's grant of summary judgment in favor of her former employer, the City of West Miami, on her claims…
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Removal — Diversity Jurisdiction — In Declaratory & Injunctive Actions, the Amount in Controversy = Value of the Object of the Litigation — Is Injunctive Relief Measured from Perspective of Plaintiff or Defendant? — Circuit Split

Poplar Avalon, LLC v. Sprintcom, Inc., 2016 U.S. Dist. LEXIS 86497 (W.D. Tenn. July 5, 2016): Before the Court is Plaintiff Poplar Avalon, LLC's Motion to Remand (ECF No. 8) filed on June 14, 2016. Defendant Sprintcom, Inc. has responded in opposition. For the reasons set forth below, the Motion to Remand is DENIED
Poplar Avalon, LLC v. Sprintcom, Inc., 2016 U.S. Dist. LEXIS 86497 (W.D. Tenn. July 5, 2016): Before the Court is Plaintiff Poplar Avalon, LLC's Motion to Remand (ECF No. 8) filed on June 14, 2016. Defendant Sprintcom, Inc. has responded…
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FRAP 38 and § 1927 Sanctions Should Not Be Imposed on Appellant Raising Issue of First Impression — It Is Not Multiplicitous to Raise A Single, Narrow Issue on Appeal

Suazo v. NCL (Bahamas), Ltd., 2016 U.S. App. LEXIS 8575 (11th Cir. May 10, 2016): In this appeal, we address a question of first impression in the Circuit: whether a cruise ship employee who is injured on the job, and whose employment contract contains an arbitration agreement governed by the New York Convention and Chapter 2 ...
Suazo v. NCL (Bahamas), Ltd., 2016 U.S. App. LEXIS 8575 (11th Cir. May 10, 2016): In this appeal, we address a question of first impression in the Circuit: whether a cruise ship employee who is injured on the job, and …
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Judicial Notice of Internet Evidence — State Agency Administrative Directive As Appearing on Agency Website

Chambers v. Johnpierre, 2016 U.S. Dist. LEXIS 135140 (D. Conn. Sept. 30, 2016): An inmate at a Connecticut Department of Correction facility who wishes to file a grievance must follow the procedure established in Connecticut Department of Correction Administrative Directive 9.6 ("Directive"). See Administrat ...
Chambers v. Johnpierre, 2016 U.S. Dist. LEXIS 135140 (D. Conn. Sept. 30, 2016): An inmate at a Connecticut Department of Correction facility who wishes to file a grievance must follow the procedure established in Connecticut Department of Correction Administrative Directive …
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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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