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

Texts [Emails] Admissible as Admissions If Recipient Testifies They Came from a Party — Rule 403 Balance Viewed in Light Most Favorable to Proponent — A “Continuing Objection” on One Ground Doesn’t Preserve Error on Others

State v. Thompson, 2016-Ohio-7521; 2016 Ohio App. LEXIS 4384 (Ohio Ct. App. Oct. 28, 2016): [*P1]  Craig Thompson appeals from his conviction for complicity to commit burglary. Finding no error, we affirm. I. Background  [*P2]  In March 2013, Thompson was indicted on ...
State v. Thompson, 2016-Ohio-7521; 2016 Ohio App. LEXIS 4384 (Ohio Ct. App. Oct. 28, 2016): [*P1]  Craig Thompson appeals from his conviction for complicity to commit burglary. Finding no error, we affirm. I. Background  [*P2]  In March 2013, Thompson was…
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Inherent Power Sanctions: Oral Sua Sponte Denial of Attorney’s Fees Denies Due Process —Texas’ Zachry Rule Only Bars Contractual Exemption from Tort/Contract Liability That Would Insulate Party from Deliberate, Wrongful Conduct

In re Dallas Roadster, Ltd. ITex. Capital Bank N.A. v. Dallas Roadster, Ltd.), 2017 U.S. App. LEXIS 802 (5th Cir. Jan. 17, 2017): This case comes to us after more than five years of litigation over loan agreements between a bank and a used car dealership. [*2]  The borrower, Dallas Roadster, Limited, sought damages, and the l ...
In re Dallas Roadster, Ltd. ITex. Capital Bank N.A. v. Dallas Roadster, Ltd.), 2017 U.S. App. LEXIS 802 (5th Cir. Jan. 17, 2017): This case comes to us after more than five years of litigation over loan agreements between a …
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Rule 11 Standard Stringent Because Sanctions Discourage Resort to Courts, Spawn Satellite Litigation, Increase Tension among Bar and between Bench & Bar (Good Quote) — Immaterial Disparities between Pleadings & Discovery (Falsehoods) Not Sanctionable

Moeck v Pleasant Valley Sch. Dist., 2016 U.S. App. LEXIS 23186 (3d Cir. Dec. 23, 2016): Pleasant Valley School District (the "School District") appeals the District Court's order denying its motions for sanctions pursuant to Fed. R. Civ. P. 11 against Plaintiffs and their counsel. Because the District Co ...
Moeck v Pleasant Valley Sch. Dist., 2016 U.S. App. LEXIS 23186 (3d Cir. Dec. 23, 2016): Pleasant Valley School District (the "School District") appeals the District Court's order denying its motions for sanctions pursuant to Fed. R. Civ. P. 11 …
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Rule 11 & Inherent Power — Grant of Leave to Amend Does Not Immunize Prior Pleading from Sanctions — Even If Claim Arises under Statute Allowing Fee-Shifting , Rule 11 Standards Don’t Change — Must Prove Actual Inability to Pay

Keister v. PPL Corp., 2017 U.S. App. LEXIS 1518 (3d Cir. Jan. 27, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Ernest Keister appeals the District Court's [*2]  grant of summary judgment on ...
Keister v. PPL Corp., 2017 U.S. App. LEXIS 1518 (3d Cir. Jan. 27, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Ernest Keister appeals the District…
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A District Court’s Discretion Is Limited When the Imposition of Sanctions Is Tantamount to Dismissal (Good Quote) — Court Must Find Willfulness, Bad Faith or Fault and Consider Lesser Sanctions (9th Circuit)

Caltex Plastics, Inc. v. Shannon Packaging Co., 2016 U.S. App. LEXIS 22204 (9th Cir. December 14, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Caltex Plastics, Inc. ("Caltex") appeals from the district court's decision granting ...
Caltex Plastics, Inc. v. Shannon Packaging Co., 2016 U.S. App. LEXIS 22204 (9th Cir. December 14, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Caltex Plastics, Inc.…
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Judicial Notice of Email on 12(b)(6) Motion Where Accuracy Uncontested and No Objection to Notice

Fernandes v. TW Telecom Holdings,, Inc., 2016 U.S. Dist. LEXIS 22033 (E.D. Cal. Feb. 23, 2016): Defendant TW Telecom Holdings, Inc. ("Defendant") seeks dismissal of Plaintiff Andrew Fernandes's ("Plaintiff's") Complaint under Federal Rule of Civil Procedure ("Rule") 12(b)(6). Plaintiff ...
Fernandes v. TW Telecom Holdings,, Inc., 2016 U.S. Dist. LEXIS 22033 (E.D. Cal. Feb. 23, 2016): Defendant TW Telecom Holdings, Inc. ("Defendant") seeks dismissal of Plaintiff Andrew Fernandes's ("Plaintiff's") Complaint under Federal Rule of Civil Procedure ("Rule") 12(b)(6). Plaintiff's Complaint…
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Facebook & Twitter Authentication: Facebook Conversations’ Content Same as Oral Threats + Affidavit from Facebook Custodian That Automated Systems Captured Them when Transmitted — Twitter Content + Pictures + Username

MTV v. State, 2016 Ind. App. LEXIS 461 (Ind. Ct. App. Dec. 22, 2016): Case Summary P1 M.T.V. appeals his adjudication of delinquency for Conspiracy to Commit Aggravated Battery, a Level 3 felony if committed by an adult.1 We affirm. 1   Ind. Code § 35-42-2-1.5. Iss ...
MTV v. State, 2016 Ind. App. LEXIS 461 (Ind. Ct. App. Dec. 22, 2016): Case Summary P1 M.T.V. appeals his adjudication of delinquency for Conspiracy to Commit Aggravated Battery, a Level 3 felony if committed by an adult.1 We affirm.…
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RICO: Plaintiff May Name All Members of Associated-in-Fact Enterprise As Defendants If They Are Separate & Distinct from Enterprise — Officer Is Distinct from Corp. But Corp. + Sub + Officers + Employees Are Not Distinct

Moran v. Bromma, 2017 U.S. App. LEXIS 908 (9th Cir. Jan. 18, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs Mark Moran and Patricia Bailey White appeal the district court's dismissal of their claims for fraud and violati ...
Moran v. Bromma, 2017 U.S. App. LEXIS 908 (9th Cir. Jan. 18, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs Mark Moran and Patricia Bailey White …
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§ 1927 Sanctions May Be Warranted for Sloppy, Poor Quality Appellate Briefs

United States v. Garcia, 2016 U.S. App. LEXIS 23249 (5th Cir Dec. 23, 2016): 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. ...
United States v. Garcia, 2016 U.S. App. LEXIS 23249 (5th Cir Dec. 23, 2016): 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…
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Federal Jurisdiction: Does the Probate Exception — Barring Federal Jurisdiction over Wills, Estate Administration and Disposition of Property in Probate Court — Extend to Federal Question as Well as Diversity Jurisdiction? — Circuit Split

Matter of Boisseau, 2017 U.S. Dist. LEXIS 11964 (N.D.N.Y. Jan. 30, 2017): I. INTRODUCTION On May 10, 2016, the Hanover HHR Employee Benefit Plan ("Plan") removed this action to the Northern District of New York pursuant to 28 U.S.C. § 1441, asserting federal question jurisdiction under 28 U.S ...
Matter of Boisseau, 2017 U.S. Dist. LEXIS 11964 (N.D.N.Y. Jan. 30, 2017): I. INTRODUCTION On May 10, 2016, the Hanover HHR Employee Benefit Plan ("Plan") removed this action to the Northern District of New York pursuant to 28 U.S.C. § …
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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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