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

Motions to Dismiss — Mere Mention of Document in Complaint Doesn’t Make It Integral or Usable on 12(b)(6) Motion — Reference to Another Lawsuit Doesn’t Incorporate All Litigation Documents — RICO Untimeliness Dismissal Reversed

Goel v. Bunge, Ltd., 2016 U.S. App. LEXIS 7678 (2d Cir. Apr. 28, 2106): Plaintiffs-appellants Vikas Goel and Rainforest Trading Ltd. (jointly, "plaintiffs") appeal August 7, 2015 and August 27, 2015 judgments of the United States District Court for the Southern District of New York (Katherine B. Forrest, Judge) di ...
Goel v. Bunge, Ltd., 2016 U.S. App. LEXIS 7678 (2d Cir. Apr. 28, 2106): Plaintiffs-appellants Vikas Goel and Rainforest Trading Ltd. (jointly, "plaintiffs") appeal August 7, 2015 and August 27, 2015 judgments of the United States District Court for the …
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Rule 16(f) Sanctions — Dismissal for Failure to Pay Attorney’s Fees Ordered as Prior 16(f) Sanction — Corporation May Not Appear Pro Se

Bolus v. Fleetwood RV, Inc., 2016 U.S. App. LEXIS 7418 (4th Cir. Apr. 25, 2016): Robert Bolus and Bolus Truck Sales & Center, Inc. (Bolus) appeal the district court's order dismissing his suit for failure to comply with an order to pay Appellees' attorney's fees.  [Ed. note:  This prior order wa ...
Bolus v. Fleetwood RV, Inc., 2016 U.S. App. LEXIS 7418 (4th Cir. Apr. 25, 2016): Robert Bolus and Bolus Truck Sales & Center, Inc. (Bolus) appeal the district court's order dismissing his suit for failure to comply with an order …
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Facebook Authentication Insufficient — Expert Pulled Metadata from One Side of Chat But, Because Conversants Were No Longer “Friends” Then, Data Showed Unknown Account as Source of Messages — Expert Admits Messages Could’ve Been Altered

Adoption of Nash, 2016 Mass. App. Unpub. LEXIS 520 (Mass. Ct. App. May 12, 2016): The mother appeals from a decree issued by a judge of the Juvenile Court determining that the best interests of her son, Nash, would be served by the termination of the mother's parental rights. See G. L. c. 119, § 26; G. L. c. ...
Adoption of Nash, 2016 Mass. App. Unpub. LEXIS 520 (Mass. Ct. App. May 12, 2016): The mother appeals from a decree issued by a judge of the Juvenile Court determining that the best interests of her son, Nash, would be …
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Service of Process: Rule 4(d) Does Not Impose Duty to Pay Costs on Foreign Party Who Declines to Accept Service — Sanctions: No FRAP 38 or § 1927 Sanctions for Appeal That Is Weak But Not Frivolous

Cox v. Koninklijke Philips, NV, 2016 U.S. App. LEXIS 8688 (6th Cir. May 9, 2016): Former employees at a glass and bulb manufacturing plant brought this action against their employer, Philips Electronics North America Corporation ("Philips"), and its Dutch parent company, Koninklijke Philips, N.V. ("KPNV"), for inj ...
Cox v. Koninklijke Philips, NV, 2016 U.S. App. LEXIS 8688 (6th Cir. May 9, 2016): Former employees at a glass and bulb manufacturing plant brought this action against their employer, Philips Electronics North America Corporation ("Philips"), and its Dutch parent…
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Inherent Power Sanctions: Plaintiff’s Testimony That He Visited & Photographed Premises, When In Fact His Lawyer Did, Leading to over 100 Revisions on Dep Errata Sheet = Bad Faith, Leads to Dismissal

Vogel v. Tulaphorn, Inc., 2016 U.S. App. LEXIS 2916 (9th Cir. Feb. 17, 2016): Martin Vogel and his attorney Lynn Hubbard III appeal the district court's order granting terminating sanctions.1 We affirm. 1   Vogel additionally appeals the district court's orders awarding attorneys& ...
Vogel v. Tulaphorn, Inc., 2016 U.S. App. LEXIS 2916 (9th Cir. Feb. 17, 2016): Martin Vogel and his attorney Lynn Hubbard III appeal the district court's order granting terminating sanctions.1 We affirm. 1   Vogel additionally appeals the district court's orders…
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Wayback Machine — Rejecting Multiple Arguments Against Admissibility — Accepting Butler’s Testimony & Taking Judicial Notice — Even If Wayback Machine Doesn’t Always Capture All Info on a Site, It Never Adds Info That Wasn’t on the Site

Marten Transport, Ltd v PlattForm Advertising, Inc., 2016 U.S. Dist. LEXIS 57471 (D. Kan. Apr. 29, 2016): By this Memorandum and Order, the Court overrules defendant PlattForm's written objection to plaintiff Marten's designation of deposition testimony by Christopher Butler (Doc. # 167), and it grants Marten's mot ...
Marten Transport, Ltd v PlattForm Advertising, Inc., 2016 U.S. Dist. LEXIS 57471 (D. Kan. Apr. 29, 2016): By this Memorandum and Order, the Court overrules defendant PlattForm's written objection to plaintiff Marten's designation of deposition testimony by Christopher Butler (Doc. …
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Sanctions: $75 Million Default Jmt for Discovery Violations — Jurisdiction vs Merits — If Court Has Jurisdiction, It Has Inherent Power to Impose Civil Contempt — Law of the Case on Appeal: Failure to Raise Issue on Prior Appeal = Waiver

Angiodynamics v. Biolitiec AG, 2016 U.S. App. LEXIS 8443 (1st Cir. May 6, 2016): Defendants, who violated a preliminary injunction, appealed the resulting civil contempt order entered by the district court. The contempt order included a civil arrest warrant and an escalating fines provision. Defendants persisted in their defiance as t ...
Angiodynamics v. Biolitiec AG, 2016 U.S. App. LEXIS 8443 (1st Cir. May 6, 2016): Defendants, who violated a preliminary injunction, appealed the resulting civil contempt order entered by the district court. The contempt order included a civil arrest warrant and…
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Federal Court Clerks Have Absolute Quasi-Judicial Immunity from Damages when Performing Tasks Integral to the Judicial Process unless They Act in the Clear Absence of All Jurisdiction

Cobb v. JPMorgan Chase Bank N.A., 2015 U.S. App. LEXIS 2867 (9th Cir. Feb. 26, 2015): The district court properly dismissed Cobb's claims against the federal court defendants because they are entitled to quasi-judicial immunity. See Mullis v. U.S. Bankr. Court, 828 F.2d 1385, 1390 (9th Cir. 1987) ("C ...
Cobb v. JPMorgan Chase Bank N.A., 2015 U.S. App. LEXIS 2867 (9th Cir. Feb. 26, 2015): The district court properly dismissed Cobb's claims against the federal court defendants because they are entitled to quasi-judicial immunity. See Mullis v. U.S. Bankr.…
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Appeals from Injunction Orders — How Much Flexibility Does Rule 62(c) Confer on District Court to Modify the Injunction Pending Appeal? — Circuit Split

Miller v. Davis, 2015 U.S. Dist. LEXIS 177606 (E.D. Ky. Sept. 23, 2015): This matter is before the Court on Defendant Kim Davis' Emergency Motion to Stay the Court's Injunction Order of September 3, 2015 Pending Appeal (Doc. # 113). In that Order (Doc. # 74), the Court granted Plaintif ...
Miller v. Davis, 2015 U.S. Dist. LEXIS 177606 (E.D. Ky. Sept. 23, 2015): This matter is before the Court on Defendant Kim Davis' Emergency Motion to Stay the Court's Injunction Order of September 3, 2015 Pending Appeal (Doc. # 113).…
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Rule 11 Sanctions Properly Imposed on Counsel (Who Was Also a Plaintiff) for Filing Suit Barred by Rooker-Feldman Doctrine

ASAP Copy & Print v. Brown, 2016 U.S. App. LEXIS 5521 (9th Cir. Mar. 24, 2016): Plaintiffs ASAP Copy and Print ("ASAP"), Ali Tazhibi, and Nina Ringgold1 appeal the district courts' orders transferring venue, assigning the case to Judge Manuel Real, denying an ex parte ...
ASAP Copy & Print v. Brown, 2016 U.S. App. LEXIS 5521 (9th Cir. Mar. 24, 2016): Plaintiffs ASAP Copy and Print ("ASAP"), Ali Tazhibi, and Nina Ringgold1 appeal the district courts' orders transferring venue, assigning the case to Judge …
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Recent Posts

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

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

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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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