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

RICO: Causation Lacking Where Injury Caused by Former (Withdrawn) Member of Alleged Enterprise — Respondeat Superior Claim Fails with Collapse of Claim against Employee

Ogden v Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 33 (9th Cir. Jan. 3, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Millie Ogden appeals from the district court's dismissal with prejudice of her Racketeer Influenced and Corrup ...
Ogden v Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 33 (9th Cir. Jan. 3, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Millie Ogden appeals from …
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Rule 11 Sanctions — Invoking Rule 11 in Opposition Papers Insufficient — Separate Motion Must Be Filed, in Accordance with Rule 11(c)(2)

Pineda v. JTCH Apartments, LLC, 2016 U.S. App. LEXIS 22569 (5th Cir. Dec. 19, 2016): Defendants appeal the district court's award of attorney's fees to Pineda. They do not, however, contest the accuracy of the time entries or the reasonableness of that time in light of the factors listed in Johnson v. Georgia Highway Expre ...
Pineda v. JTCH Apartments, LLC, 2016 U.S. App. LEXIS 22569 (5th Cir. Dec. 19, 2016): Defendants appeal the district court's award of attorney's fees to Pineda. They do not, however, contest the accuracy of the time entries or the reasonableness…
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Interlocutory Appeals: Monetary Sanctions Don’t Satisfy Collateral Order Doctrine (Whether Severity Is Apt Is Judged in Light of Merits) — Breadth of Cunningham — Does Practical Finality Doctrine Survive Cunningham?

LaTele Television, C.A. v. Telemundo Commc’ns Grp., LLC, 2016 U.S. App. LEXIS 20345 (11th Cir. May 26, 2016): Plaintiff LaTele Television appeals the district court's pre-trial order awarding Defendant Telemundo Communications $513,750.15 in attorney's fees as a sanction for Plaintiff's numerous discovery violati ...
LaTele Television, C.A. v. Telemundo Commc’ns Grp., LLC, 2016 U.S. App. LEXIS 20345 (11th Cir. May 26, 2016): Plaintiff LaTele Television appeals the district court's pre-trial order awarding Defendant Telemundo Communications $513,750.15 in attorney's fees as a sanction for Plaintiff's …
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Abuse of Discretion Is a “Nonpejorative Term of Art” (Good Quote) — Injunctions: No Irreparable Harm (1) If Plaintiffs Can Be Fully Compensated by Money for Ongoing Alleged Losses During Case & (2) from Money, Time, Energy Spent Absent Injunction

Allstate Ins. Co. v. Harvey Family Chiropractic , 2017 U.S. App. LEXIS 1474 (2d Cir. Jan. 27, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the District Court be and hereby are AFFIRMED. Plaintiffs ...
Allstate Ins. Co. v. Harvey Family Chiropractic , 2017 U.S. App. LEXIS 1474 (2d Cir. Jan. 27, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the District Court be and…
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Spoliation of ESI (Social Media Evidence) — Bad Faith Required in Criminal Cases (First Circuit)

When a person is caught red-handed in the commission of a crime, assiduous defense counsel often is tempted to consider an entrapment defense. In the case before us, the defendant followed this course -- but things did not go well for him. Among his other plaints, the defendant insists that the district court forced him to show his hand prematurely. And to make a ...
When a person is caught red-handed in the commission of a crime, assiduous defense counsel often is tempted to consider an entrapment defense. In the case before us, the defendant followed this course — but things did not go well…
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RICO: Attorneys for & Employees of Corp. in Privity & Protected by Res Judicata Where Prior Case Was against Corp. — Dismissal Motion before Appearing OK If Motion Litigated, No Prejudice — OK to Raise Affirmative Defense of Res Judicata on 12(b)(6)

Lewis v. O’Donnell, 2017 U.S. App. LEXIS 85 (3d Cir. Jan. 4, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Charlesworth Lewis appeals from an order of the United States District Court for the District of New Jersey dism ...
Lewis v. O’Donnell, 2017 U.S. App. LEXIS 85 (3d Cir. Jan. 4, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. PER CURIAM Charlesworth Lewis appeals from…
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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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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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