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

Judicial Notice of Internet Evidence — Municipal Defendant’s Website Regarding City Council Authority

Bielma v. Bostic, 2016 U.S. Dist. LEXIS 152 (S.D. Cal. Jan. 4, 2016): Plaintiffs seek judicial notice of the City of Calexico website regarding City Council authority. Publically accessible websites may be judicially noticed on a motion to dismiss. See Perkins v. LinkedIn Corp., 53 F. Supp. 3d 1190, 1204 (N.D ...
Bielma v. Bostic, 2016 U.S. Dist. LEXIS 152 (S.D. Cal. Jan. 4, 2016): Plaintiffs seek judicial notice of the City of Calexico website regarding City Council authority. Publically accessible websites may be judicially noticed on a motion to dismiss.…
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Inherent Power Sanctions — Actions Taken in Court 2 That Flout Orders of Court 1 (Here, Filing Suit in Violation of Injunction & Ch. 11 Confirmation Order) Are Sanctionable by Court 1 — Bankruptcy Court Has Inherent Power to Sanction

Matter of Skyport Global Commc’n, Inc. (Schermerhorn v. Kubbernus), 2016 U.S. App. LEXIS 4714 (5th Cir. Mar. 14, 2016): Plaintiffs-Appellants (the "Schermerhorn parties") appeal the issuance of sanctions for filing a state court petition that contained misrepresentations and claims barred [*2]  by a c ...
Matter of Skyport Global Commc’n, Inc. (Schermerhorn v. Kubbernus), 2016 U.S. App. LEXIS 4714 (5th Cir. Mar. 14, 2016): Plaintiffs-Appellants (the "Schermerhorn parties") appeal the issuance of sanctions for filing a state court petition that contained misrepresentations and claims barred…
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RICO — Principal Liable for RICO Acts of Agent Only If Agent Acting in Principal’s Interest — Bank’s Publicized Pre-Screening of Ponzi Schemer Not Proximate Cause of Victims’ Losses — That 250-Page Am. Cplt. States No Claim Shows Futility

Gomez v. Bank of America, N.A., 2016 U.S. App. LEXIS 3934 (9th Cir. Mar. 2, 2016): Plaintiffs sued Bank of America, N.A., successor in interest to Countrywide Bank, FSB, formerly known as Countrywide Bank N.A., Countrywide Home Loans, Inc. (the "Bank Defendants"), and several individual defendants, alleging civil lia ...
Gomez v. Bank of America, N.A., 2016 U.S. App. LEXIS 3934 (9th Cir. Mar. 2, 2016): Plaintiffs sued Bank of America, N.A., successor in interest to Countrywide Bank, FSB, formerly known as Countrywide Bank N.A., Countrywide Home Loans, Inc. (the …
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Judicial Notice of Internet Evidence — Google Maps

Molina v. Reynolds, 2016 U.S. Dist. LEXIS 36976 (D.S.C. Jan. 25, 2016): Petitioner's trial counsel testified that he did not personally drive from the Petitioner's workplace to the victim's home. [*22]  (Dkt. No. 14-4 at 119.) However, trial counsel did "review various estimations of time provided by...Google maps [ ...
Molina v. Reynolds, 2016 U.S. Dist. LEXIS 36976 (D.S.C. Jan. 25, 2016): Petitioner's trial counsel testified that he did not personally drive from the Petitioner's workplace to the victim's home. [*22]  (Dkt. No. 14-4 at 119.) However, trial counsel did…
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§ 1927 Sanctions: Bad Faith Shown by Pressing Anew Frivolous Arguments Rejected by Other Courts — Recusal: Unsubstantiated Suggestions Insufficient; Probability of Actual Bias Must Be Too High to Be Constitutionally Intolerable

In re Hartford Litigation Cases, 2016 U.S. App. LEXIS 4820 (9th Cir. Mar. 16, 2016): Plaintiffs Lisa, Cornelius, and Marian Turner ("the Turners") appeal the denial of their motions to disqualify Judge Percy Anderson, the district court's orders remanding the case to state court, the denial of their motion to reopen prev ...
In re Hartford Litigation Cases, 2016 U.S. App. LEXIS 4820 (9th Cir. Mar. 16, 2016): Plaintiffs Lisa, Cornelius, and Marian Turner ("the Turners") appeal the denial of their motions to disqualify Judge Percy Anderson, the district court's orders remanding the…
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Judicial Notice of Internet Evidence — Third Party Comments Posted on Government Website Not Subject to Judicial Notice for Their Truth; Only for Fact They Were Made

Tri Union Frozen Prods., Inc. v. United States, 2016 Ct. Intl. Trade LEXIS 21 (U.S. Ct. Int’l Trade Mar. 7, 2016): This matter is before the court on a motion for judicial notice filed by Consolidated Plaintiffs Vietnam Association of Seafood Exporters and Producers and certain of its individual member companies (collectively " ...
Tri Union Frozen Prods., Inc. v. United States, 2016 Ct. Intl. Trade LEXIS 21 (U.S. Ct. Int’l Trade Mar. 7, 2016): This matter is before the court on a motion for judicial notice filed by Consolidated Plaintiffs Vietnam Association of…
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Sanctions — Failure of Notice (Due Process) Harmless If Args. Addressed on Reconsideration — No Need to Consider Lesser Sanctions for Lying to Court As No One Needs to Be Warned About That — No Hearing Needed If Blatant Inconsistency (Good Quotes)

Ayoubi v. Dart, 2016 U.S. App. LEXIS 3983 (7th Cir. Feb. 11, 2016): Firas Ayoubi, a pretrial detainee at the Cook County Jail, sued several members of the jail's staff under 42 U.S.C. § 1983 for violating the Eighth Amendment by punching him and ignoring his resulting chest pains. Four months after he sued, the judge found that, ...
Ayoubi v. Dart, 2016 U.S. App. LEXIS 3983 (7th Cir. Feb. 11, 2016): Firas Ayoubi, a pretrial detainee at the Cook County Jail, sued several members of the jail's staff under 42 U.S.C. § 1983 for violating the Eighth Amendment…
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Federal Jurisdiction — Is a Motion to Remand Case Dispositive or Does a Magistrate Judge Have Authority to Rule on It? — Circuit Split

Harris v. MLB Consulting, LLC, 2016 U.S. Dist. LEXIS 21000 (D. N.D. Jan. 12, 2016): 1   In light of a split among court decisions as to whether motions to remand are case-dispositive--and the resulting disagreement over the authority of a magistrate judge to rule on those motions--this opinion is filed as a report and recomm ...
Harris v. MLB Consulting, LLC, 2016 U.S. Dist. LEXIS 21000 (D. N.D. Jan. 12, 2016): 1   In light of a split among court decisions as to whether motions to remand are case-dispositive–and the resulting disagreement over the authority of a …
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Judicial Notice of Internet Evidence — Bureau of Labor Statistics Survey on Website Is Self-Authenticating under 902(5) and Bears Distinctive Characteristics of Agency’s Website within 901

Rizo v. Yovino, 2015 U.S. Dist. LEXIS 163849 (E.D. Cal. Dec. 4, 2015): IV. EVIDENTIARY MATTERS A. Plaintiff's Request for Judicial Notice Plaintiff asks the Court to take judicial notice of the United [*12]  States Department of Labor Bureau of Labor Statistics& ...
Rizo v. Yovino, 2015 U.S. Dist. LEXIS 163849 (E.D. Cal. Dec. 4, 2015): IV. EVIDENTIARY MATTERS A. Plaintiff's Request for Judicial Notice Plaintiff asks the Court to take judicial notice of the United [*12]  States Department of Labor Bureau of …
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Disqualification — Ruling on Motion to Disqualify Counsel Not Disturbed on Appeal If the Record Reveals Any Sound Basis for the District Court’s Action (Good Quote)

Beaty v. Hoa, 2015 U.S. App. LEXIS 4640 (9th Cir. Mar. 20, 2015): The district court did not abuse its discretion in denying Beaty's motions for disqualification of opposing counsel because the record supports the denial. See Cohn v. Rosenfeld, 733 F.2d 625, 631 (9th Cir. 1984) (this court "will ...
Beaty v. Hoa, 2015 U.S. App. LEXIS 4640 (9th Cir. Mar. 20, 2015): The district court did not abuse its discretion in denying Beaty's motions for disqualification of opposing counsel because the record supports the denial. See Cohn v. Rosenfeld,…
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Recent Posts

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

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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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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