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

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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Rule 16(f) Sanctions Require Violation of Unambiguous Order — Order Permitting Discovery by One Party But Silent As to Other Does Not Unambiguously Bar Discovery by Other — Permission Presumptively Unneeded under Rule 26

Act Now to Stop War and End Racism Coalition v. Dist. of Columbia, 2017 U.S. App. LEXIS 1193 (D.C. Cir. Jan. 24, 2017):   Like many municipalities around the country, the District of Columbia regulates the manner in which members of the public may post signs on the District's lampposts. District of Columbia law all ...
Act Now to Stop War and End Racism Coalition v. Dist. of Columbia, 2017 U.S. App. LEXIS 1193 (D.C. Cir. Jan. 24, 2017):   Like many municipalities around the country, the District of Columbia regulates the manner in which members of …
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Diversity Jurisdiction — Statutory Damages, Civil Penalties and Attorney’s Fees Totaled to Determine Amount in Controversy — Only Accrued Attorney’s Fees or Likely Future Fees, Too? — Caselaw Split

Hall v. FCA US, LLC, 2016 U.S. Dist. LEXIS 113376 (E.D. Cal. Aug. 24, 2016): On March 30, 2016, plaintiffs Dennis Hall and Michelle Hall filed this action against defendant FCA US, LLC in the Kern County Superior Court, alleging state law causes of action for breach of express and implied warranties under the Song-Beverly Cons ...
Hall v. FCA US, LLC, 2016 U.S. Dist. LEXIS 113376 (E.D. Cal. Aug. 24, 2016): On March 30, 2016, plaintiffs Dennis Hall and Michelle Hall filed this action against defendant FCA US, LLC in the Kern County Superior Court, alleging …
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If Arbitration Clause Incorporates Organization’s Rules, It Is the Version in Effect at Signing — FAA’s Presumption in Favor of Arbitration Doesn’t Apply to Whether Agreement to Arbitrate Exists, Does Apply to Interpretation of Scope

Lenox Corp. v. Blackshear, 2016 U.S. Dist. LEXIS 177170 (E.D. Pa. Dec. 22, 2016): Plaintiff Lenox Corporation ("Lenox") brings suit against Defendants Thomas Blackshear, Roger W. Rawls, Blackshear Enterprises, Inc., and Keepsakes and Collectables, LLC1 alleging trademark infringement, unfair competition, and false ...
Lenox Corp. v. Blackshear, 2016 U.S. Dist. LEXIS 177170 (E.D. Pa. Dec. 22, 2016): Plaintiff Lenox Corporation ("Lenox") brings suit against Defendants Thomas Blackshear, Roger W. Rawls, Blackshear Enterprises, Inc., and Keepsakes and Collectables, LLC1 alleging trademark infringement, unfair competition,…
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Twitter Admissibility: Any Ambiguity in Tweets Is for Jury — Tweets Admissible to Show Consciousness of Guilt

Commonwealth v. Bradshear, 2016 Pa. Super. Unpub. LEXIS 4759 (Pa. Super. Ct. Dec. 30, 2016): Appellant Rafael Bradshear appeals from the judgment of sentence imposed after he was convicted of aggravated assault, unlawful possession of a firearm, carrying a firearm without a license, and possession of an instrument of crime.1
Commonwealth v. Bradshear, 2016 Pa. Super. Unpub. LEXIS 4759 (Pa. Super. Ct. Dec. 30, 2016): Appellant Rafael Bradshear appeals from the judgment of sentence imposed after he was convicted of aggravated assault, unlawful possession of a firearm, carrying a firearm…
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Recent Posts

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

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

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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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