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

Experts: Under Daubert, Court Evaluates Methodology, Not Conclusion — Reliance on Other Expert — Substantial Justification/Harmless Error Factors — Where Supplemental Opinion Decreases Damages, Opponent Not Impermissibly Blindsided

Bresler v. Wilmington Trust Co., 2017 U.S. App. LEXIS 6880 (4th Cir. April 20, 2017) (majority opinion): In this appeal, we consider breach of contract claims brought by Fleur Bresler (Fleur) and her son, Sidney Bresler (Sidney) (collectively, the plaintiffs), as Co-Personal Representatives of the Estate of Charles S. Bresler ...
Bresler v. Wilmington Trust Co., 2017 U.S. App. LEXIS 6880 (4th Cir. April 20, 2017) (majority opinion): In this appeal, we consider breach of contract claims brought by Fleur Bresler (Fleur) and her son, Sidney Bresler (Sidney) (collectively, the plaintiffs), …
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Hearsay: Email Proposing to “Get Aggressive” with Counterparty Is a Non-Hearsay Proposal to Perform an Act — Email from Counsel Identifying Strength of Opponent’s Position Claim Offered for Notice, Not Truth

O&M Llc v. Aldridge Pite Llp, 2017 Cal. App. Unpub. LEXIS 2982 (Cal. Ct. App. April 28, 2017): Aldridge Pite LLP, successor by merger to Pite Duncan, LLP and Diane Elizabeth Bond (collectively Pite) appeal from an order denying their special motion to strike1
O&M Llc v. Aldridge Pite Llp, 2017 Cal. App. Unpub. LEXIS 2982 (Cal. Ct. App. April 28, 2017): Aldridge Pite LLP, successor by merger to Pite Duncan, LLP and Diane Elizabeth Bond (collectively Pite) appeal from an order denying their …
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Facebook Admissibility — Posts Determined to Be Present Sense Impressions (PSIs) from Their Text — Failure to Particularize Hearsay Objection to Parts of Those Posts That Were Not PSIs Forfeits Objection

Wilkinson v. State , 2017 Tex. App. LEXIS 3808 (Tex. Ct. App. April 27, 2017): Appellant Jeffrey Lynn Wilkinson appeals from his misdemeanor conviction for assault involving family violence. After a jury foun ...
Wilkinson v. State , 2017 Tex. App. LEXIS 3808 (Tex. Ct. App. April 27, 2017): Appellant Jeffrey Lynn Wilkinson appeals from his misdemeanor conviction for assault involving family violence. After a jury found appellant guilty, the trial court assessed his…
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§ 1927 Sanctions: Once It Is Obvious a Position Lacks Factual or Legal Basis, Continued Assertion of It Exposes Counsel to § 1927 Sanctions (Good Quote)

Valley Forge Ins. Co. v. Hartford Iron & Metal, 2017 U.S. Dist. LEXIS 64514 (N.D. Ind. April 28, 2017): Hartford Iron moved that the court reconsider the portion of its January 4, 2017 order [Doc. No. 609] dismissing certain counterclaims against Valley Forge insofar as they related to Valley Forge's alleged ongoing conflict of in ...
Valley Forge Ins. Co. v. Hartford Iron & Metal, 2017 U.S. Dist. LEXIS 64514 (N.D. Ind. April 28, 2017): Hartford Iron moved that the court reconsider the portion of its January 4, 2017 order [Doc. No. 609] dismissing certain counterclaims …
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Absent Compelling Reasons, Circuit Will Not Create Circuit Split on State Law Issue by Disagreeing with Circuit That Encompasses That State

Halajian v. Deutsche Bank Nat'l Trust Co., 2017 U.S. App. LEXIS 7497 (9th Cir. April 27, 2017): *This disposition is not appropriate for publication and is not precedent except as provided by < ...
Halajian v. Deutsche Bank Nat'l Trust Co., 2017 U.S. App. LEXIS 7497 (9th Cir. April 27, 2017): *This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In 2005, appellant…
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Judicial Recusal — 1974 Amendment to 28 U.S.C. § 455 Requires That Judge Must Have Participated As Counsel in a Case, Not Simply Have Been Of Counsel — And Case Is Strictly Construed

United States v Norwood, 2017 U.S. App. LEXIS 6508 (8th Cir. April 17, 2017): PER CURIAM. Marion Anthony Norwood appeals the judgment of the district court1 entered after a jury found him guilty of conspiracy to commit bank fraud. See 18 U.S.C. §§ 1344, 1349. Norwood's counsel filed a brief pu ...
United States v Norwood, 2017 U.S. App. LEXIS 6508 (8th Cir. April 17, 2017): PER CURIAM. Marion Anthony Norwood appeals the judgment of the district court1 entered after a jury found him guilty of conspiracy to commit bank fraud. See…
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Inherent Power Sanctions — Dismissal for Failure to Comply with Court-Ordered Deadline to File Amended Complaint — No Bad Faith Evident or Required — Appeals: Matters Not Specifically Argued in Opening Brief Not Considered

Zochlinski v. Univ. of Cal., 2017 U.S. App. LEXIS 6783 (9th Cir. April 11, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Howard Alan Zochlinski appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action for ...
Zochlinski v. Univ. of Cal., 2017 U.S. App. LEXIS 6783 (9th Cir. April 11, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Howard Alan Zochlinski appeals pro…
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RICO: Payment for Unnecessary Medical Treatment Constitutes Injury to Business or Property Even Though Personal Injuries and Pecuniary Losses Flowing from Them Do Not — CAFA: Federal Question Jurisdiction Trumps Local Controversy Exception

Blevins v. Aksut, 2017 U.S. App. LEXIS 3689 (11th Cir. Mar. 1, 2017): This case arises out of Defendant Doctor Seydi V. Aksut's alleged performance of unnecessary heart procedures. Two issues are on appeal. First, we must decide whether the Class Action Fairness Act's ("CAFA") local-controversy provision, ...
Blevins v. Aksut, 2017 U.S. App. LEXIS 3689 (11th Cir. Mar. 1, 2017): This case arises out of Defendant Doctor Seydi V. Aksut's alleged performance of unnecessary heart procedures. Two issues are on appeal. First, we must decide whether the …
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Rule 11 Sanctions: “Because the Rule Is Not Intended to Chill an Attorney’s Enthusiasm … Sanctions Are Reserved for the Exceptional Case” (Good Quotes) — Frivolous = Baseless + No Inquiry

Lima v. Deutsche Bank Nat’l Trust Co., 2017 U.S. App. LEXIS 6752 (9th Cir. April 19, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In these cases, Defendants-Appellants the Law Office of David B. Rosen and David B. Rosen, Esq. ...
Lima v. Deutsche Bank Nat’l Trust Co., 2017 U.S. App. LEXIS 6752 (9th Cir. April 19, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. In these cases,…
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Judicial Notice of Internet Evidence — Notice Taken of Wayback Machine Results over Objection

UL LLC v. Space Chariot, Inc., 2017 U.S. Dist. LEXIS 60585 (C.D. Cal. April 20, 2017): The Court finds this motion appropriate for decision without oral argument. See
UL LLC v. Space Chariot, Inc., 2017 U.S. Dist. LEXIS 60585 (C.D. Cal. April 20, 2017): The Court finds this motion appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. Accordingly,…
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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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