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 — 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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Sanctions — Rule 11 — Bad Faith Is an Objective Standard That Is Met If Conduct Is Objectively Reckless or Outside the Bounds of Acceptable Conduct

Odion v. Google Inc., 2015 U.S. App. LEXIS 17427 (11th Cir. Oct. 5, 2015): We review for abuse of discretion a district court's ruling on a motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure. See Massengale v. Ray, 267 F.3d 1298, 1301 (11th Cir. 2001) (per curiam). Rule 11 sanctions ...
Odion v. Google Inc., 2015 U.S. App. LEXIS 17427 (11th Cir. Oct. 5, 2015): We review for abuse of discretion a district court's ruling on a motion for sanctions under Rule 11 of the Federal Rules of Civil Procedure. See…
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Do Iqbal and Twombly Apply to Affirmative Defenses? (Circuit Split) — Affirmative Defenses Fail If So Unrelated to the Claims As to Be Unworthy of Any Consideration (Good Quote)

Two Cases on the Circuit Split: 1.  Sodexo Mgmt., Inc. v. Benton Harbor Area Sch. Dist., 2016 U.S. Dist. LEXIS 26115 (W.D. Mich. Mar. 2, 2016): Initially, the parties' disagreement about the sufficiency of BHASD's affirmative defenses requires the Court to weigh in on whether the pleading stand ...
Two Cases on the Circuit Split: 1.  Sodexo Mgmt., Inc. v. Benton Harbor Area Sch. Dist., 2016 U.S. Dist. LEXIS 26115 (W.D. Mich. Mar. 2, 2016): Initially, the parties' disagreement about the sufficiency of BHASD's affirmative defenses requires the Court …
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Spoliation — Monetary Sanction in the Amount of Extra Discovery Costs Caused by Spoliation

Herson v. City of Richmond, 2016 U.S. App. LEXIS 1134 (9th Cir. Jan. 22, 2016): 4. Finally, the district court did not err in granting the City's motion for sanctions. Courts may impose monetary sanctions in [*4]  the amount of extra discovery costs caused by spoliation, including the cost of the sanctions motion.
Herson v. City of Richmond, 2016 U.S. App. LEXIS 1134 (9th Cir. Jan. 22, 2016): 4. Finally, the district court did not err in granting the City's motion for sanctions. Courts may impose monetary sanctions in [*4]  the amount of …
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Class Actions — What Does Predominance Mean and How Is It Properly Analyzed? — Circuit Split — Can Subclasses & Issue Certification Help? — Another Circuit Split) — Impact of Damages on Predominance

Daye v. Community Fin. Serv. Ctrs., LLC, 2016 U.S. Dist. LEXIS 26539 (D. N.M. Feb. 9, 2016): There is little uniform guidance on how to assess when common issues predominate over individual ones. Moreover, there is currently a split of authority between the United States Courts of Appeals over the proper way to analyze predomi ...
Daye v. Community Fin. Serv. Ctrs., LLC, 2016 U.S. Dist. LEXIS 26539 (D. N.M. Feb. 9, 2016): There is little uniform guidance on how to assess when common issues predominate over individual ones. Moreover, there is currently a split of …
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RICO —Limitations Period Not Equitably Tolled by Criminal Investigation & FBI Agent’s Request Suit Not Be Filed — No Fraud by Defendants & No Extraordinary Circumstance Outside Plaintiff’s Control — Pending Criminal Litigation Distinguished

Farmer v. D&O Contractors, Inc., 2016 U.S. App. LEXIS 2811 (5th Cir. Feb. 18, 2016): Plaintiffs--Appellants Stephen Farmer, et al., filed a civil suit against Defendants--Appellees D & O Contractors, et al., [*2]  alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). Defendants--Appellees moved to dism ...
Farmer v. D&O Contractors, Inc., 2016 U.S. App. LEXIS 2811 (5th Cir. Feb. 18, 2016): Plaintiffs–Appellants Stephen Farmer, et al., filed a civil suit against Defendants–Appellees D & O Contractors, et al., [*2]  alleging violations of the Racketeer Influenced and…
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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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