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

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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Inherent Power Sanctions for Knowingly Bringing a Time-Barred Suit — Bad Faith for an Attorney to Raise a Frivolous Argument Knowingly or Recklessly (9th Circuit)

Goldmanis v. Insinger, 2017 U.S. App. LEXIS 4098 (9th Cir. Mar. 8, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff Linda Insinger appeals the district court's grant of summary judgment to Defendants and ...
Goldmanis v. Insinger, 2017 U.S. App. LEXIS 4098 (9th Cir. Mar. 8, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff Linda Insinger appeals the district court's…
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Rule 11 & § 1927 Sanctions: Court Abuses Discretion When No Reasonable Person Would Agree with It (7th Cir.)—Failure to Disclose Named Plaintiff Is Member of Firm Representing Her Borderline But Failure to Sanction ≠ Abuse of Discretion

Blow v. Bijora, Inc., 2017 U.S. App. LEXIS 7926 (7th Cir. May 4, 2017): In May 2011, Nicole Strickler brought this class-action lawsuit against Chicago-based retailer Bijora, Inc., doing business as Akira.1 Strickler was later replaced as named plaintiff by Nicole Blow, who alleged that Akira's practice of sendi ...
Blow v. Bijora, Inc., 2017 U.S. App. LEXIS 7926 (7th Cir. May 4, 2017): In May 2011, Nicole Strickler brought this class-action lawsuit against Chicago-based retailer Bijora, Inc., doing business as Akira.1 Strickler was later replaced as named plaintiff by …
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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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Recent Posts

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

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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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