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

§ 1927 Sanctions Cannot Be Imposed for Initial Pleading — Court 1 Cannot Impose Sanctions for Filing of Second Lawsuit in Second Court That Lacked Jurisdiction to Entertain It

Best Odds Corp. v. Ibus Media Ltd., 2016 U.S. App. LEXIS 13335 (9th Cir. July 21, 2016): Best Odds Corp. appeals the district court's order issuing sanctions under 28 U.S.C. § 1927. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and vacate the award of attorneys' fees. The district court abused ...
Best Odds Corp. v. Ibus Media Ltd., 2016 U.S. App. LEXIS 13335 (9th Cir. July 21, 2016): Best Odds Corp. appeals the district court's order issuing sanctions under 28 U.S.C. § 1927. We have jurisdiction pursuant to 28 U.S.C. §…
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Spoliation of Tangible Evidence — Bad Faith Required in Fifth Circuit (No Change Post 37(e))

Estes v. Lanx, Inc., 2016 U.S. App. LEXIS 15328 (5th Cir. Aug. 16, 2016): Rocky Estes had a Lanx-created device, the Telluride system, implanted to fuse his spinal vertebrae. After several months, the screws in the system fractured and broke. As a result, the device had to be removed and replaced. About a year later, Estes sue ...
Estes v. Lanx, Inc., 2016 U.S. App. LEXIS 15328 (5th Cir. Aug. 16, 2016): Rocky Estes had a Lanx-created device, the Telluride system, implanted to fuse his spinal vertebrae. After several months, the screws in the system fractured and broke. …
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RICO: Enterprise Can Be Both Victim & Vehicle — Good Quotes, e.g.: “There Is A Plausible Claim Something Odd Was Going On….Oddity Alone Won’t Support a RICO Claim”

Jupiter Aluminum Corp. v. Sabaitis, 2016 U.S. Dist. LEXIS 123843 (N.D. Ind. Sept. 13, 2016): Something went [*2]  very wrong at Jupiter Aluminum Corporation in fiscal year 2014. Jupiter is an Indiana corporation in the business of converting scrap aluminum into coils. It contracts with vendors to provide the scrap. < ...
Jupiter Aluminum Corp. v. Sabaitis, 2016 U.S. Dist. LEXIS 123843 (N.D. Ind. Sept. 13, 2016): Something went [*2]  very wrong at Jupiter Aluminum Corporation in fiscal year 2014. Jupiter is an Indiana corporation in the business of converting scrap aluminum…
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Internet Evidence — Internet Browsing History, Which Shows Past Searches, Is Relevant to Motivation and Predisposition

State v. Bingman, 2016 Wash. App. LEXIS 1505 (Wash. Ct. App. June 28, 2016): David Bingman appeals his convictions for three counts of second degree child molestation and two counts of fourth degree assault involving his 13-year-old daughter and his 12-year-old stepdaughter. He argues that the trial court erred under ER 404(b) ...
State v. Bingman, 2016 Wash. App. LEXIS 1505 (Wash. Ct. App. June 28, 2016): David Bingman appeals his convictions for three counts of second degree child molestation and two counts of fourth degree assault involving his 13-year-old daughter and his…
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Appeals: Trial Counsel’s Misconduct Reversible Only If Pervasive — Waiver by Failure to Object to Argument or Detail Complaints — Broad Statements, References in Passing in Brief Not Enough

Leonard v. Stemtech Int’l Inc., 2016 U.S. App. LEXIS 15565 (3d Cir. Aug. 24, 2016): 1. Counsel's Conduct Stemtech complains that Leonard's counsel made comments during the trial that so prejudiced the jury that the District Court should have granted a new trial. Counsel's conduct "co ...
Leonard v. Stemtech Int’l Inc., 2016 U.S. App. LEXIS 15565 (3d Cir. Aug. 24, 2016): 1. Counsel's Conduct Stemtech complains that Leonard's counsel made comments during the trial that so prejudiced the jury that the District Court should have granted…
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Class Actions — Circuit Split over Proper Way to Analyze Predominance — Applicability of Comcast to Individual Damages

Abraham v. WPX Production Productions, LLC, 2016 U.S. Dist. LEXIS 108492 (D. N.M. Aug. 16, 2016): THIS MATTER comes before the Court on the Plaintiffs' Renewed Motion for Class Certification, filed January 13, 2014 (Doc. 116). The Court held a multi-part [*2]  class certification ...
Abraham v. WPX Production Productions, LLC, 2016 U.S. Dist. LEXIS 108492 (D. N.M. Aug. 16, 2016): THIS MATTER comes before the Court on the Plaintiffs' Renewed Motion for Class Certification, filed January 13, 2014 (Doc. 116). The Court held a…
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Spoliation — No Adverse Inference Where Records Destroyed in Ordinary Course of Business and Movant Failed to Timely Request Them During Discovery

Diaz v. Dep’t of Treasury, 2016 U.S. App. LEXIS 14114 (Fed. Cir. Aug. 3, 2016): Hector Diaz appeals from the final order of the Merit Systems Protection Board sustaining his removal from the position of Individual Taxpayer Adviser Specialist. Because the Board's decision was supported by substantial evidence and ...
Diaz v. Dep’t of Treasury, 2016 U.S. App. LEXIS 14114 (Fed. Cir. Aug. 3, 2016): Hector Diaz appeals from the final order of the Merit Systems Protection Board sustaining his removal from the position of Individual Taxpayer Adviser Specialist. Because…
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RICO Claim Inextricably Intertwined with Alleged State Court Errors / Lack of Jurisdiction Barred by Rooker-Feldman — Obstruction Predicate Limited to Federal Proceedings — Vague Conspiracy Allegations Fail under Twiqbal

Bhardwaj v. Pathak, 2016 U.S. App. LEXIS 16283 (9th Cir. Sept. 2, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sanjay Bhardwaj appeals pro se from the district court's dismissal of his Racketeer Influenced and Corrupt Organizations Act ( ...
Bhardwaj v. Pathak, 2016 U.S. App. LEXIS 16283 (9th Cir. Sept. 2, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Sanjay Bhardwaj appeals pro se from the…
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Sanction Imposed for Violation of District Court’s Local Rules (Suspension of Right to Practice), Unlike Inherent Power Sanction, Does Not Require Finding of Bad Faith

In re Goode, 2016 U.S. App. LEXIS 6918 (5th Cir. Apr. 18, 2016): This appeal involves a challenge to Western District of Louisiana Local Criminal Rule 53.5 ("L. Crim. R. 53.5"), which operates as a prior restraint against attorney speech during the pendency of a criminal trial. William L. Goode, a criminal defense at ...
In re Goode, 2016 U.S. App. LEXIS 6918 (5th Cir. Apr. 18, 2016): This appeal involves a challenge to Western District of Louisiana Local Criminal Rule 53.5 ("L. Crim. R. 53.5"), which operates as a prior restraint against attorney speech …
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Sanctions — Rule 11 Inapplicable on Appeal — Fed.R.App.P. 38 Applies Only to Appellants

United States v. Medansky, 2015 U.S. App. LEXIS 15845 (9th Cir. Sept. 4, 2015): David and Martine Mednansky appeal pro se from the district court's grant of summary judgment to the United States in an ejectment and trespass suit brought by the government. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
United States v. Medansky, 2015 U.S. App. LEXIS 15845 (9th Cir. Sept. 4, 2015): David and Martine Mednansky appeal pro se from the district court's grant of summary judgment to the United States in an ejectment and trespass suit brought…
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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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