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

Sanctions Cannot Be Avoided by Filing Bankruptcy — Default Judgment Based on Failure to Pay Sanction (Imposed for Violation of Pretrial Order) Upheld — Res Judicata Attaches to Default Entered for Unpaid Sanctions

  In re Leonard (Leonard v. RDLG, LLC), 2016 U.S. App. LEXIS 5815 (6th Cir. Mar. 28, 2016): After Appellant Fred M. Leonard, Jr. filed for bankruptcy, Appellee RDLG, LLC initiated an adversary proceeding to have one of his debts--the result of a subsequent fraud judgment based on a default sanction--ruled nondischargea ...
In re Leonard (Leonard v. RDLG, LLC), 2016 U.S. App. LEXIS 5815 (6th Cir. Mar. 28, 2016): After Appellant Fred M. Leonard, Jr. filed for bankruptcy, Appellee RDLG, LLC initiated an adversary proceeding to have one of his debts–the result …
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Federal Jurisdiction: Extremely Frivolous Federal Question Claims, Even If Not Delusional, Won’t Support Jurisdiction (Mere Failure to State Claim Not Frivolous Enough) — RICO: 21-Month Scheme with Only a Single Victim ≠ Continuity

Antonacci v. City of Chicago, 2016 U.S. App. LEXIS 5004 (7th Cir. Mar. 18, 2016): For a little less than a year, Louis Antonacci worked on an at-will basis as a staff attorney at the firm of Seyfarth Shaw LLP. In May 2012, Seyfarth terminated his employment. To borrow Dylan Thomas's phrase, Antonacci [*2]  did no ...
Antonacci v. City of Chicago, 2016 U.S. App. LEXIS 5004 (7th Cir. Mar. 18, 2016): For a little less than a year, Louis Antonacci worked on an at-will basis as a staff attorney at the firm of Seyfarth Shaw LLP.…
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Facebook Authentication via Testimony Witness Went to Page Assigned to Alias Used by Defendant Gang Member, There Was No Claim the Page Wasn’t Defendant’s & No Evidence Anyone Else Made Postings — All Statements = Admissions

People v. McMahen, 2016 Mich. App. LEXIS 637 (Mich. Ct. App. Mar. 29, 2016): Defendant appeals as of right his jury trial conviction of first-degree premeditated murder, MCL 750.316(1)(a). Defendant was sentenced to a term of life imprisonment. For the reasons set forth in this opinion, we affirm. I. FACTS
People v. McMahen, 2016 Mich. App. LEXIS 637 (Mich. Ct. App. Mar. 29, 2016): Defendant appeals as of right his jury trial conviction of first-degree premeditated murder, MCL 750.316(1)(a). Defendant was sentenced to a term of life imprisonment. For the…
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Monetary Sanctions under Bankruptcy Code §105(a) for Violating Court Orders May Include the Costs of Investigating the Misconduct, Even If It Focused on Conduct for Which No Sanctions Are Ulimately Imposed

In re Herman (Houston v. Welt), 2015 U.S. App. LEXIS 22719 (11th Cir. Dec. 28, 2015): Attorney Bart Houston appeals the district court's affirmance of a bankruptcy court order imposing sanctions on him. Houston formerly served as counsel for Chapter 7 bankruptcy debtor Peter Herman. The bankruptcy court sa ...
In re Herman (Houston v. Welt), 2015 U.S. App. LEXIS 22719 (11th Cir. Dec. 28, 2015): Attorney Bart Houston appeals the district court's affirmance of a bankruptcy court order imposing sanctions on him. Houston formerly served as counsel for…
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Consent Decree May Be Enforced Through Inherent Power Sanctions

Frew v. Janek, 2016 U.S. App. LEXIS 5726 (5th Cir. Mar. 28, 2016): N. 25   See, e.g., Frew ex rel. Frew v. Hawkins, 540 U.S. at 439-40 (explaining that "a consent decree may be enforced" through sanctions (citing Hutto v. Finney, 437 U.S. 678, 98 S. Ct. 2565, 57 L. Ed. 2d 522 (1978)));
Frew v. Janek, 2016 U.S. App. LEXIS 5726 (5th Cir. Mar. 28, 2016): N. 25   See, e.g., Frew ex rel. Frew v. Hawkins, 540 U.S. at 439-40 (explaining that "a consent decree may be enforced" through sanctions (citing…
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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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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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