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

Text Messages Received Relevant to Recipient’s State of Mind Even If Not Read — Declarations of Intent Admissible against Non-Declarant If Linked to Corroborative Evidence — 3d-Party Facebook Posts = Hearsay

Hopkins v. Nat’l RR Passenger Corp., 2016 U.S. Dist. LEXIS 57236 (E.D.N.Y. Apr. 29, 2016): In the early morning of July 9, 2006, Plaintiff Brian Hopkins was extremely intoxicated. (Id. at 2, 3.) At approximately 4:00 a.m., Hopkins climbed on top of a train parked at South Station in Boston. (Id. at 2.) Although witnesses saw Hopkins ...
Hopkins v. Nat’l RR Passenger Corp., 2016 U.S. Dist. LEXIS 57236 (E.D.N.Y. Apr. 29, 2016): In the early morning of July 9, 2006, Plaintiff Brian Hopkins was extremely intoxicated. (Id. at 2, 3.) At approximately 4:00 a.m., Hopkins climbed on…
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Absent Damages, Lawyer’s Fiduciary Breach Not Actionable — Ex-Lawyer Can’t Settle Ex-Client’s Claim Even If K Says So — No Rule 11 Sanctions If Claim Has Enough of a Kernel of a Theory (Good Quote)

McBurnie v. Rutledge, 2016 U.S. App. LEXIS 7099 (2d Cir. Apr. 20, 2016): This order resolves two appeals, which were submitted separately but were argued in tandem and arise from the same underlying District Court case. In that case, William L. McBurnie ("McBurnie") brought an action against his former attorney, Dane Keller ...
McBurnie v. Rutledge, 2016 U.S. App. LEXIS 7099 (2d Cir. Apr. 20, 2016): This order resolves two appeals, which were submitted separately but were argued in tandem and arise from the same underlying District Court case. In that case, William…
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Rule 11 Sanctions Apt for Filing Motion Duplicating One Previously Denied — Appeals: Issue Mentioned Only in Statement of Issues and in Summary of Argument Sections of Brief Are Waived

Matter of Flaschom, Inc. (Dye v. Commc’ns Ventures III, LP, 2016 U.S. App. LEXIS 5842 (9th Cir. Mar. 30, 2016) (2-1 decision as to sanctions): Carolyn Dye, the bankruptcy trustee for Flashcom, appeals the bankruptcy court's judgment and sanctions imposed on her attorney and her personally for violation of Federal Rule of ...
Matter of Flaschom, Inc. (Dye v. Commc’ns Ventures III, LP, 2016 U.S. App. LEXIS 5842 (9th Cir. Mar. 30, 2016) (2-1 decision as to sanctions): Carolyn Dye, the bankruptcy trustee for Flashcom, appeals the bankruptcy court's judgment and sanctions imposed …
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Judicial Notice of Internet Evidence (Lanham Act Case): (1) Party’s Filings As They Appear on Secretary of State Website; (2) Corporate Info from Google Search; (3) Co. Profile on ZoomInfo.com; (4) Party’s Website (Admission)

Nat’l Grange of Order of Patrons of Husbandry v. Cal. State Grange, 2016 U.S. Dist. LEXIS 53038 (E.D. Cal. Apr. 20, 2016): Plaintiff National Grange of the Order of Patrons of Husbandry brought this action against defendant California State Grange for trademark infringement and unfair competition under the Lanham Act. Presently befo ...
Nat’l Grange of Order of Patrons of Husbandry v. Cal. State Grange, 2016 U.S. Dist. LEXIS 53038 (E.D. Cal. Apr. 20, 2016): Plaintiff National Grange of the Order of Patrons of Husbandry brought this action against defendant California State Grange…
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Rule 16(f) & 37(b) Dismissal Sanction for Pro Se’s Failure to Appear for 2 Pretrial Conferences — Noncompliance with Pretrial Orders Is Willful If Party Warned of Obligation to Appear — Pro Se Must Comply with Court Orders

Johnson v. NYC, 2016 U.S. App. LEXIS 7098 (2d Cir. April 20, 2016): Plaintiff-Appellant Brenda Johnson, proceeding pro se, appeals the district court's judgment sua sponte dismissing her 42 U.S.C. § 1983 complaint for failure to comply with court orders pursuant to Federal Rules of Civil Procedure 16(f) ...
Johnson v. NYC, 2016 U.S. App. LEXIS 7098 (2d Cir. April 20, 2016): Plaintiff-Appellant Brenda Johnson, proceeding pro se, appeals the district court's judgment sua sponte dismissing her 42 U.S.C. § 1983 complaint for failure to comply with court orders …
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Judicial Notice of Internet Evidence — Judicial Notice of Identities of Governmental Board Members from Board’s Website

Mauna Kea Anaina Hou v. Bd. of Land & Natural Res., 2015 Haw. LEXIS 325 (Hawaii Sup. Ct. Dec. 2, 2015): This case requires us to determine whether the procedure followed by the Board of Land and Natural Resources (Board or BLNR) in issuing a permit to construct an observatory in a conservation district1 comported with due p ...
Mauna Kea Anaina Hou v. Bd. of Land & Natural Res., 2015 Haw. LEXIS 325 (Hawaii Sup. Ct. Dec. 2, 2015): This case requires us to determine whether the procedure followed by the Board of Land and Natural Resources (Board…
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Real-Party-in-Interest: President of Corp. Is Not RPI in Corp.’s Action on Lease, Even If Pres. Provided Money for Lease — RICO: 4 Mandatory Elements to Plead Mail/Wire Fraud (11th Circuit) — Appeals: Rule 3 Interpreted Liberally

Symonette v. V.A. Leasing Corp., 2016 U.S. App. LEXIS 6843 (11th Cir. April 15, 2016): Maurice Symonette and Ferris Rhodes, Jr. appeal the district court's dismissal of their complaint alleging that V.A. Leasing Corporation ("V.A. Leasing") and Euro Motor Sport, Inc. ("Euro") defrauded them in connection with a ...
Symonette v. V.A. Leasing Corp., 2016 U.S. App. LEXIS 6843 (11th Cir. April 15, 2016): Maurice Symonette and Ferris Rhodes, Jr. appeal the district court's dismissal of their complaint alleging that V.A. Leasing Corporation ("V.A. Leasing") and Euro Motor Sport,…
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Rule 11 Sanctions: Forum-Shopping ≠ Improper Purpose If Jurisdiction Is Arguable — No Answer to Say Movant Unhappy with Other Court — Objective Reasonableness Is Tough Standard: Aggressive ≠ Unreasonable (Good Quotes) — Supp. v Amended Complaint

Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177 (10th Cir. 2015): Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in the United States District Court for the District of Colorado against Gamo Outdoor US ...
Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177 (10th Cir. 2015): Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in …
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Social Media (Twitter, Facebook, Etc.) Authentication — Louisiana Adopts the “Reasonable Juror” / Circumstantial-Evidence Approach: Is There Proof from Which a Reasonable Juror Could Find That the Evidence Is What the Proponent Claims?

State v. Smith, 2016 La. App. LEXIS 760 (La. Ct. App. Apr. 20, 2016): [Pg 1] Defendant Demontre Smith ("Mr. Smith") seeks review of the trial court's November 18, 2015 ruling that denied his motion to exclude digital evidence for lack of authentication. Finding the State failed to present any evidence at all to a ...
State v. Smith, 2016 La. App. LEXIS 760 (La. Ct. App. Apr. 20, 2016): [Pg 1] Defendant Demontre Smith ("Mr. Smith") seeks review of the trial court's November 18, 2015 ruling that denied his motion to exclude digital evidence for …
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Judicial Notice of Internet Evidence — Notice Properly Taken of eBay’s Website, Its Operation, and Its User Agreement

Estate of Graham v. Sotheby’s, Inc., 2016 U.S. Dist. LEXIS 53079 (C.D. Cal. Apr. 11, 2016): Before the Court are three Motions filed in these related actions:    o Auction House Defendants' Joint Motion to Dismiss the Complaints (the "Joint Motion"), filed on February 1, 2016. (No. ...
Estate of Graham v. Sotheby’s, Inc., 2016 U.S. Dist. LEXIS 53079 (C.D. Cal. Apr. 11, 2016): Before the Court are three Motions filed in these related actions:    o Auction House Defendants' Joint Motion to Dismiss the Complaints (the "Joint Motion"),…
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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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