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 Conspiracy: Neither Suspicions about Nor Investigation into Miscreant’s Conduct = Conspiracy, Which Requires More Than Knowledge & Presence — Pleading: Importance of Including a General Denial in Answer (Good Language to Quote)

Aguilar v. PNC Bank, N.A., 2017 U.S. App. LEXIS 2150 (8th Cir. Feb. 7, 2017): Ninety-two plaintiffs1 filed suit against PNC Bank, N.A. (PNC), alleging, among other things, (1) violations of Missouri's Uniform Fiduciaries Law (UFL); (2) aiding and abetting the breach of ...
Aguilar v. PNC Bank, N.A., 2017 U.S. App. LEXIS 2150 (8th Cir. Feb. 7, 2017): Ninety-two plaintiffs1 filed suit against PNC Bank, N.A. (PNC), alleging, among other things, (1) violations of Missouri's Uniform Fiduciaries Law (UFL); (2) aiding and…
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Internet Evidence — Municipal Government Program Accessed via Wayback Machine — Implicit Judicial Notice of Program’s Self-Description on Its Website as of 2011

Ferone v. Colvin, 2015 U.S. Dist. LEXIS 181826 (S.D.N.Y. June 17, 2016) (R&R): I. Introduction   Plaintiff, Nanette L. Ferone, brings this action pursuant to Section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), seeking judicial review of a fina ...
Ferone v. Colvin, 2015 U.S. Dist. LEXIS 181826 (S.D.N.Y. June 17, 2016) (R&R): I. Introduction   Plaintiff, Nanette L. Ferone, brings this action pursuant to Section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), seeking judicial review …
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Evidence-Summarizing Charts under Fed. R. Evid. 1006 — Non-Voluminous Information (Texts) May Be Deemed Voluminous When It Cannot Conveniently Be Examined in Court and Is Pulled from Vast Fields of Information

Osborne, 2017 U.S. App. LEXIS 59 (11th Cir. Jan. 4, 2017):  PER CURIAM: Appellant Damien Bernard Osborne challenges his conviction for armed bank robbery, following a three-day jury trial. He raises arguments that the district court improperly admitted two categories of evidence: (1) text messages between a cell-phone number attributed ...
Osborne, 2017 U.S. App. LEXIS 59 (11th Cir. Jan. 4, 2017):  PER CURIAM: Appellant Damien Bernard Osborne challenges his conviction for armed bank robbery, following a three-day jury trial. He raises arguments that the district court improperly admitted two categories…
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Sua Sponte Rule 11 Sanctions — More Exacting Abuse of Discretion Review — Akin-to-Contempt Standard (2d Circuit) — Deception of the Court by Omission

Revellino & Byczek, LLP v. Port Auth. of NY & NJ, 2017 U.S. App. LEXIS 4508 (2d Cir. Mar. 15 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellants Anthony Mahoney and the law ...
Revellino & Byczek, LLP v. Port Auth. of NY & NJ, 2017 U.S. App. LEXIS 4508 (2d Cir. Mar. 15 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court…
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RICO: Non-Specific Allegations of Relationship and Continuity Fail to Plausibly Allege Pattern — No Conspiracy If No Substantive Violation — Diversity: No Right to Have Jury Determine Domicile

Yagman v. Gabbert, 2017 U.S. App. LEXIS 5019 (9th Cir. Mar. 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-Appellant Stephen Yagman appeals the district court's dismissal of his Racketeer Influenced and Corrupt Organizations ...
Yagman v. Gabbert, 2017 U.S. App. LEXIS 5019 (9th Cir. Mar. 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-Appellant Stephen Yagman appeals the district court's…
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Blog Admissibility: Comments Section of Blog and Other Statements Made on Internet Introduced by Third Party Are Inadmissible for Their Truth

Gibson v. Swingle, 2017 Cal. App. Unpub. LEXIS 1337 (Cal. Ct. App. Feb. 24, 2017): Richard Gibson, an attorney, filed this action alleging Justin Swingle invaded his privacy and defamed him in Internet posts. The trial court granted summary judgment to Gibson and issued a permanent injunction enjoining Swingle from posting an ...
Gibson v. Swingle, 2017 Cal. App. Unpub. LEXIS 1337 (Cal. Ct. App. Feb. 24, 2017): Richard Gibson, an attorney, filed this action alleging Justin Swingle invaded his privacy and defamed him in Internet posts. The trial court granted summary judgment …
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Spoliation — No Adverse Inference Instruction for Video Recorded over in Ordinary Course of Business Where It Did Not Depict the Relevant Incident and Opponent Failed to Issue a Timely Request for Production [or Preservation] of It (Pre-37(e))

Parrish v. Dollar Gen. Corp., 2017 U.S. App. LEXIS 3568 (6th Cir. Feb. 27, 2017): This case involves the review of three decisions by the trial court: a denial of a motion to continue because of alleged nondisclosure of a material witness, a decision not to admonish the jury to disregard statements made by Dollar General's counsel ...
Parrish v. Dollar Gen. Corp., 2017 U.S. App. LEXIS 3568 (6th Cir. Feb. 27, 2017): This case involves the review of three decisions by the trial court: a denial of a motion to continue because of alleged nondisclosure of a…
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Judicial Notice of Internet Evidence — Court May Take Judicial Notice of Proceedings in Other Courts — Document Posted on Government Website Is Presumptively Authentic If Government Sponsorship Can Be Verified by Visiting the Website Itself

Bowmanv. Fister, 2016 U.S. Dist. LEXIS 152569 (E.D. Ky. Nov. 3, 2016): Vivian Janet Bowman is a resident of Lexington, Kentucky. Proceeding without counsel, Bowman has filed a civil complaint against defendants Rhonda Fister and the Fayette County Public School ("FCPS") system. [R. 1] This matter is before the Court to scree ...
Bowmanv. Fister, 2016 U.S. Dist. LEXIS 152569 (E.D. Ky. Nov. 3, 2016): Vivian Janet Bowman is a resident of Lexington, Kentucky. Proceeding without counsel, Bowman has filed a civil complaint against defendants Rhonda Fister and the Fayette County Public School…
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Internet Evidence — Website of Parent Can’t Be Attributed to Subsidiary under Rule 801(d)(2)(D) Absent Showing That Parent Was Sub’s Agent & Statements Were Made within the Scope of the Agency

Venegas v. Globa Aircraft Serv., Inc., 2016 U.S. Dist. LEXIS 130164 (D. Me. Sept. 23, 2016): Before the Court is the Defendants' joint motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 100). For the reasons stated below, the Defendants' joint motion for summary judgment is GRANTED IN P ...
Venegas v. Globa Aircraft Serv., Inc., 2016 U.S. Dist. LEXIS 130164 (D. Me. Sept. 23, 2016): Before the Court is the Defendants' joint motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 100). For the…
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Judicial Notice of Internet Evidence — Court May Take Notice of Defendant’s Website in Deciding Personal Jurisdiction

Almquist v. Synergo, LLC, 2016 U.S. Dist. LEXIS 79261 (D. Ore. May 20, 2016): Cassidy Almquist ("Almquist") filed an Amended Complaint against Synergo, LLC, an Oregon limited liability company, Synergo, an Oregon corporation (collectively "Synergo"), and the Association for Challenge Course Technology, a Delaware n ...
Almquist v. Synergo, LLC, 2016 U.S. Dist. LEXIS 79261 (D. Ore. May 20, 2016): Cassidy Almquist ("Almquist") filed an Amended Complaint against Synergo, LLC, an Oregon limited liability company, Synergo, an Oregon corporation (collectively "Synergo"), and the Association for Challenge…
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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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