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: Pyramid Scheme Is Per Se a Predicate Act — Foreseeability & Inference-Based Causation Theories — Class Actions: Plaintiff Needn’t Show Reliance on Mail Fraud, So No Individual Issues Preclude Finding Predominance

Torres v. S.G.E. Mgmt., LLC, 2016 U.S. App. LEXIS 17746 (5th Cir. Sept. 30, 2016) (en banc): The Plaintiffs-Appellees brought a civil action under the Racketeer Influenced [*3]  and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, alleging that Stream Energy, through its multi-level marketing program, Ig ...
Torres v. S.G.E. Mgmt., LLC, 2016 U.S. App. LEXIS 17746 (5th Cir. Sept. 30, 2016) (en banc): The Plaintiffs-Appellees brought a civil action under the Racketeer Influenced [*3]  and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68, alleging that Stream…
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Judicial Notice of Internet Evidence — Postings on FDA Website: Materials Submitted to FDA as Required by Law, FDA Approval, Studies Cited in Complaint — Consideration Doesn’t Convert 12(b)(6) into Summary Judgment Motion

Caton v. Stryker Sustainability Solutions, Inc., 2015 U.S. Dist. LEXIS 181033 (C.D. Cal. May 12, 2015): Proceedings (In Chambers): Order GRANTING IN PART and DENYING IN PART Motion to Dismiss Before the Court is Defendants Corin Group PLC and Corin USA Limited's (collectively, "Corin Defendants ...
Caton v. Stryker Sustainability Solutions, Inc., 2015 U.S. Dist. LEXIS 181033 (C.D. Cal. May 12, 2015): Proceedings (In Chambers): Order GRANTING IN PART and DENYING IN PART Motion to Dismiss Before the Court is Defendants Corin Group PLC and Corin …
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Circuit Splits — Good Quote: Circuit Split Perhaps Does Not Fully Describe the … State of Affairs. It Is More Like We Have Spun out of the Known Legal Universe…

Or. Restaurant & Lodging Ass’n v. Perez, 2016 U.S. App. LEXIS 16361 (9th Cir. Sept. 6, 2016) (8 judges dissenting from denial of rehearing en banc): Our court today rejects the most elemental teaching of administrative law: agencies exercise whatever powers they possess because--and only because--such powers have been delegated to t ...
Or. Restaurant & Lodging Ass’n v. Perez, 2016 U.S. App. LEXIS 16361 (9th Cir. Sept. 6, 2016) (8 judges dissenting from denial of rehearing en banc): Our court today rejects the most elemental teaching of administrative law: agencies exercise whatever…
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Yelp Admissibility — Reviews Are Hearsay and Not Present Sense Impressions, But They Are Usable to Show Effect on Future Customers

Mathew Enter., Inc. v. Chrysler Grp. LLC, 2016 U.S. Dist. LEXIS 129925 (N.D. Cal. Sept. 21, 2016): Plaintiff Mathew Enterprise, Inc., a Chrysler, Jeep, Dodge, and Ram ("CJDR") dealer operating at Stevens Creek CJDR ("Stevens Creek") brings this action alleging that Defendant Chrysler Group LLC ("Chrysl ...
Mathew Enter., Inc. v. Chrysler Grp. LLC, 2016 U.S. Dist. LEXIS 129925 (N.D. Cal. Sept. 21, 2016): Plaintiff Mathew Enterprise, Inc., a Chrysler, Jeep, Dodge, and Ram ("CJDR") dealer operating at Stevens Creek CJDR ("Stevens Creek") brings this action alleging …
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§ 1927 & Inherent Power Sanctions for Challenging Authenticity of Contract Counsel Has Copy Of — Bad Faith Silence to Admit Possession — Misconduct Aggravated Where Contract Electronic — $ Sanctions Not Limited to Loss

Dillon v. BMO Harris Bank, N.A., 2016 U.S. Dist. LEXIS 135219 (M.D.N.C. Sept. 30, 2016): This is a civil RICO lawsuit arising out of online loans the plaintiff, James Dillon, received at predatory interest rates. One of the defendants, Generations Community Federal Credit Union, has moved to sanction plaintiff's counsel pursuant t ...
Dillon v. BMO Harris Bank, N.A., 2016 U.S. Dist. LEXIS 135219 (M.D.N.C. Sept. 30, 2016): This is a civil RICO lawsuit arising out of online loans the plaintiff, James Dillon, received at predatory interest rates. One of the defendants, Generations…
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Sanctions Certiorari Grant by Supreme Court

On September 29, 2016, the Supreme Court granted cert on the following question: Is a federal court required to tailor compensatory civil sanctions imposed under inherent powers to harm directly caused by sanctionable misconduct when the court does not afford sanctioned parties the protections of criminal due process? No.
On September 29, 2016, the Supreme Court granted cert on the following question: Is a federal court required to tailor compensatory civil sanctions imposed under inherent powers to harm directly caused by sanctionable misconduct when the court does not afford…
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28 USC § 1782 — A Foreign Bankruptcy Proceeding Is Within The Scope of § 1782

SUMMARY ORDER In re Ex Parte Application of Gissin, 2016 U.S. App. LEXIS 9131 (2d Cir. May 17, 2016): ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby is AFFIRMED. Alan Freedman, Moore Capital Ma ...
SUMMARY ORDER In re Ex Parte Application of Gissin, 2016 U.S. App. LEXIS 9131 (2d Cir. May 17, 2016): ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby…
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Deposition Errata Sheets — May Deponent Change Substance of Testimony or Make Only Non-Substantive Corrections? — Circuit Split

Maynard v. Stonington Community Ctr., 2016 U.S. Dist. LEXIS 64982 (D. Conn. May 17, 2016): "The circuits are split as to the scope [*2]  of permissible changes that may be made to a deposition transcript under Rule 30(e) . . . . Some courts have held that the only changes permitted by Rule 30(e) are non-substantive in na ...
Maynard v. Stonington Community Ctr., 2016 U.S. Dist. LEXIS 64982 (D. Conn. May 17, 2016): "The circuits are split as to the scope [*2]  of permissible changes that may be made to a deposition transcript under Rule 30(e) . . …
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Judicial Notice of Internet Evidence — Judicial Notice of Non-Governmental Internet Publications Limited to Their Existence — Statements Not Considered for Their Truth

Platt v. Bd. of Comm’rs on Grievances and Discipline, 2016 U.S. Dist. LEXIS 131423 (S.D. Ohio Sept. 26, 2016): This matter is before the Court upon Plaintiffs' Motion for Partial Summary Judgment (Doc. 50) and Defendants' Cross Motion for Partial Summary Judgment (Doc. 56). These motions have been fully briefed. (Docs. 55, 6 ...
Platt v. Bd. of Comm’rs on Grievances and Discipline, 2016 U.S. Dist. LEXIS 131423 (S.D. Ohio Sept. 26, 2016): This matter is before the Court upon Plaintiffs' Motion for Partial Summary Judgment (Doc. 50) and Defendants' Cross Motion for Partial…
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YouTube Admissibility — Video of Defendant with a Gun That, Based on Other Evidence, the Jury Could Reasonably Infer Was the Murder Weapon Was Relevant and Not Overly Prejudicial Even If Jury Concluded It Wasn’t the Murder Weapon

People v. Acosta, 2016 Cal. App. Unpub. LEXIS 7011 (Cal. Ct. App. Sept. 26, 2016): Defendant Anthony Paul Acosta shot David Slape once in the head and killed him for Slape's gold chain. Convicted of murder and robbery and sentenced to life without possibility of parole, defendant appeals. He contends: (1) the trial court e ...
People v. Acosta, 2016 Cal. App. Unpub. LEXIS 7011 (Cal. Ct. App. Sept. 26, 2016): Defendant Anthony Paul Acosta shot David Slape once in the head and killed him for Slape's gold chain. Convicted of murder and robbery and sentenced …
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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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