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

Arbitration — Does the FAA, Which Explicitly Provides Causes of Action to Compel & Confirm, Confer Subject Matter Jurisdiction over a Cause of Action to Vacate? — Circuit Split — If So, What Is the Statute of Limitations?

Cvoro v. Carnival Corp., 2016 U.S. Dist. LEXIS 164423 (S.D. Fla. Nov. 28, 2016): REPORT AND RECOMMENDATION THIS CAUSE comes before the Court on the Defendant's Motion to Dismiss Plaintiff's Complaint (DE# 8, 6/10/16). This matter was referred to the undersigned by the Honorable Federico A. Moreno ...
Cvoro v. Carnival Corp., 2016 U.S. Dist. LEXIS 164423 (S.D. Fla. Nov. 28, 2016): REPORT AND RECOMMENDATION THIS CAUSE comes before the Court on the Defendant's Motion to Dismiss Plaintiff's Complaint (DE# 8, 6/10/16). This matter was referred to the…
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Spoliation — Negligence Is Generally Insufficient to Justify an Inference of Spoliation in the First Circuit — Some Indication of Bad Faith Is Usually Required

United States v. Montoya, 2016 U.S. App. LEXIS 22503 (1st Cir. Dec. 19, 2016) (Context:  Entrapment defense.  Issue:  Is spoliation a “plus factor?”  From the opinion:  “To lay the groundwork for a finding that the government did more than create an opportunity for the commission of a crime, a defendant may identify ‘plus’ factors — fact ...
United States v. Montoya, 2016 U.S. App. LEXIS 22503 (1st Cir. Dec. 19, 2016) (Context:  Entrapment defense.  Issue:  Is spoliation a “plus factor?”  From the opinion:  “To lay the groundwork for a finding that the government did more than create…
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Inherent Power Sanctions — Extrajudicial Misconduct: Prelitigation Accessing Adversary’s Privileged Materials, Then Lying About It — Dismissal: 4 Factors (Sixth Circuit) — What Is “Contumacious”? —Lying vs. Inconsistent Statements

Bradley J. Delp Revocable Trust v. MSJMR 2008 Irrevocable Trust, 2016 U.S. App. LEXIS 22430 (6th Cir. Dec. 16, 2016): Plaintiffs Bradley J. Delp Revocable Trust, dated January 8, 1992, as amended ("Delp Trust"), and Bradley J. Delp, individually and as trustee of the Delp [*2]  Trust ("Bradley") ( ...
Bradley J. Delp Revocable Trust v. MSJMR 2008 Irrevocable Trust, 2016 U.S. App. LEXIS 22430 (6th Cir. Dec. 16, 2016): Plaintiffs Bradley J. Delp Revocable Trust, dated January 8, 1992, as amended ("Delp Trust"), and Bradley J. Delp, individually and…
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Judicial Notice of Internet Evidence: Notice May Be Taken to Prove the Availability of Information on Internet, But Not for Its Truth

Lifeway Foods, Inc. v. Millenium Prods., Inc., 2016 U.S. Dist. LEXIS 176002 (C.D. Cal. Dec. 14, 2016): Courts may take judicial notice of facts which are not subject to reasonable dispute. Fed. R. Evid. 201. Publicly available government records are commonly subject to judicial notice. Von Koenig ...
Lifeway Foods, Inc. v. Millenium Prods., Inc., 2016 U.S. Dist. LEXIS 176002 (C.D. Cal. Dec. 14, 2016): Courts may take judicial notice of facts which are not subject to reasonable dispute. Fed. R. Evid. 201. Publicly available government records …
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Twitter — Tweet Authenticated by Twitter Handle, Profile Photo, Contents, Reply Letter Doctrine — N.J. Appeals Court Adopts Circumstantial Approach to Social Media Authentication

State v. Hannah, 2016 N.J. Super. LEXIS 156 (N.J. Super. App. Div. Dec. 20, 2016): Defendant Terri Hannah appeals her July 10, 2015 conviction for simple assault after a trial de novo in the Law Division, following her conviction in municipal court. She argues that a Twitter posting was improperly admitted into evidence, citin ...
State v. Hannah, 2016 N.J. Super. LEXIS 156 (N.J. Super. App. Div. Dec. 20, 2016): Defendant Terri Hannah appeals her July 10, 2015 conviction for simple assault after a trial de novo in the Law Division, following her conviction in …
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Inherent Power/§1927 Sanctions Imposed for Ethical Violation — Model Rule 4.3 Governing Contact with Unrepresented Persons — $28,000 Monetary Sanction for Deceiving Lay Person into Cooperating, Defaulting

Daniel v. Marino, 2016 U.S. App. LEXIS 21828 (3d Cir. Dec. 8, 2016): Songwriter Daniel Marino appeals the district court's grant of summary judgment in favor of the defendants in his copyright infringement suit.1 The district court found that, because Marino had jointly created the song Club Girl, later develop ...
Daniel v. Marino, 2016 U.S. App. LEXIS 21828 (3d Cir. Dec. 8, 2016): Songwriter Daniel Marino appeals the district court's grant of summary judgment in favor of the defendants in his copyright infringement suit.1 The district court found that, because…
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Affidavit of Plaintiff Attached to Complaint Is Not a “Written Instrument” within Rule 10(c) Deemed Part of Complaint — Must Be Legal Document Defining Rights, Like Contract, Will, Note, Security — Circuit Split

Smith v. Hogan, 794 F.3d 249 (2d Cir. 2015): Plaintiff-appellant Aidan A. Smith appeals from a judgment of the United States District Court for the District of Connecticut (Arterton, J.) dismissing his complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Because ...
Smith v. Hogan, 794 F.3d 249 (2d Cir. 2015): Plaintiff-appellant Aidan A. Smith appeals from a judgment of the United States District Court for the District of Connecticut (Arterton, J.) dismissing his complaint pursuant to Rules 12(b)(1) and 12(b)(6) of…
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Arbitration — Is Manifest Disregard a Permissible Ground to Overturn an Award under the FAA? — Circuit Split — If So, It Requires More Than Legal Error — Arbitrator Must Appreciate & Ignore Clearly Governing Legal Principle

Global Liquidity Partners, LLC v. Wegher, 2016 U.S. Dist. LEXIS 165427 (D.N.J. Nov. 30, 2016): C. Manifest Disregard of the Law under 10(a)(4) Respondents bring their manifest disregard for the law assertion under 9 U.S.C. § 10(a)(4). Courts vary in their interpretation of the standard. See Hall S ...
Global Liquidity Partners, LLC v. Wegher, 2016 U.S. Dist. LEXIS 165427 (D.N.J. Nov. 30, 2016): C. Manifest Disregard of the Law under 10(a)(4) Respondents bring their manifest disregard for the law assertion under 9 U.S.C. § 10(a)(4). Courts vary in…
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Are Pro Hac Vice Fees Recoverable Costs under 28 U.S.C. § 1920? — Circuit Split —Cost of Video May Be Taxed in Addition to Deposition Transcript If Reasonably Necessary — Uncertainty as to Witness Attendance at Trial Is Sufficient

Olesky v. Gen. Elec. Co., 2016 U.S. Dist. LEXIS 171505 (N.D. Ill. Dec. 12, 2016): Plaintiff Henryk Oleksy ("Oleksy") sued Defendant General Electric Company ("GE") for patent infringement. On September 29, 2015, the presiding District Judge ruled that [*4]  GE did not infringe on Oleksy's patent and, consequen ...
Olesky v. Gen. Elec. Co., 2016 U.S. Dist. LEXIS 171505 (N.D. Ill. Dec. 12, 2016): Plaintiff Henryk Oleksy ("Oleksy") sued Defendant General Electric Company ("GE") for patent infringement. On September 29, 2015, the presiding District Judge ruled that [*4]  GE…
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Removal: If Plaintiff Adds Non-Diverse Defendant within 21 Days of Answer Per Rule 15(b), Should Court Honor That & Remand, Given Absolute Right to Amend, Or Deny Joinder under § 1447(e)? — Caselaw Split — Factors under 1447(e)

Edmond v. Kindred Healthcare Operating Inc., 2016 U.S. Dist. LEXIS 170896 (C.D. Cal. Dec. 8, 2016): Proceedings (In Chambers): Order GRANTING Motion to Remand Before the Court is Plaintiff Britani Edmond's motion to remand this action to state court. Dkt. # 25. The Court finds this matter a ...
Edmond v. Kindred Healthcare Operating Inc., 2016 U.S. Dist. LEXIS 170896 (C.D. Cal. Dec. 8, 2016): Proceedings (In Chambers): Order GRANTING Motion to Remand Before the Court is Plaintiff Britani Edmond's motion to remand this action to state court. Dkt.…
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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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