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

Attempt to Offer Expert Testimony as Lay Opinion Rejected — 701 v. 702 — Court Should Be Vigilant to Preclude Manipulative Conduct Designed to Thwart the Expert Disclosure and Discovery Process (Good Quote)

United States v. Afyare, 2016 U.S. App. LEXIS 4173 (6th Cir. Mar. 2, 2016): This is one of two companion opinions from this panel in separate appeals from a much [*3]  larger criminal prosecution. In this appeal, the government challenges three in limine rulings, arguing that the district court misinterpreted 18 U.S. ...
United States v. Afyare, 2016 U.S. App. LEXIS 4173 (6th Cir. Mar. 2, 2016): This is one of two companion opinions from this panel in separate appeals from a much [*3]  larger criminal prosecution. In this appeal, the government challenges…
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Spoliation — Lost Evidence Must Be Relevant, Not Dispositive — Only Nondispositive Sanctions Apt If Dismissal Due to Factors Unaffected by Lost Evid. — Dismissal Requires Conduct So Egregious as to Amount to Forfeiture (Good Quote)

McCarty v. Covol Fuels No. 2, LLC, 2016 U.S. App. LEXIS 2696 (6th Cir. Feb. 16, 2016): David McCarty, a subcontractor, was killed during the installation of a garage door at the Defendant-Appellee Covol Fuels (Covol) coal mine in Muhlenberg County, Kentucky. McCarty's wife, Plaintiff-Appellant Nancy McCarty (Ms. McCarty) filed thi ...
McCarty v. Covol Fuels No. 2, LLC, 2016 U.S. App. LEXIS 2696 (6th Cir. Feb. 16, 2016): David McCarty, a subcontractor, was killed during the installation of a garage door at the Defendant-Appellee Covol Fuels (Covol) coal mine in Muhlenberg…
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Facebook Page Authenticated by Contents — Including Alleged Owner’s Nickname, Photo, References to Gang and Crime — and Witness Testimony from Facebook Friend

State v. Inkton, 2016 Ohio App. LEXIS 613 (Ohio Ct. App. Feb. 25, 2016): [*P1]  Defendant-appellant Ronald Inkton ("appellant") brings this appeal challenging his convictions for rape, aggravated robbery, kidnapping, and having weapons while under disability. Specifically, appellant argues that: (1) the evidence was insuffi ...
State v. Inkton, 2016 Ohio App. LEXIS 613 (Ohio Ct. App. Feb. 25, 2016): [*P1]  Defendant-appellant Ronald Inkton ("appellant") brings this appeal challenging his convictions for rape, aggravated robbery, kidnapping, and having weapons while under disability. Specifically, appellant argues that:…
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A Choice-of-Law Clause Pointing to a Particular State’s Law Includes Federal Law Because Federal Law Is as Much a Part of State Law as Local Law Is (Good Quote)

World Fuel Services Trading, DMCC v. Hebei Prince Shipping Co., Ltd., 783 F.3d 507 (4th Cir. 2015): Florida law resolves the issue in favor of DMCC because Florida law must be deemed to include United States law -- by case law or by statute. The Supreme Court has long stated that “ ‘a fundamental principle in our system of ...
World Fuel Services Trading, DMCC v. Hebei Prince Shipping Co., Ltd., 783 F.3d 507 (4th Cir. 2015): Florida law resolves the issue in favor of DMCC because Florida law must be deemed to include United States law — by case …
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Judicial Notice of Internet Evidence — Declined as to Blogs, Wikipedia and ZoomInfo Postings Allegedly Posted by Defendant, Offered to Establish Minimum Contacts & Personal Jurisdiction

Calvert v. Wolf, 2016 Cal. App. Unpub. LEXIS 733 (Cal. App. Jan. 29, 2016): Appellants John and Tammy Calvert appeal from an order granting respondent Randall Wolf's motion to quash service of summons for lack of personal jurisdiction.1 The Calverts contend Wolf had the necessary minimum contacts with California to warr ...
Calvert v. Wolf, 2016 Cal. App. Unpub. LEXIS 733 (Cal. App. Jan. 29, 2016): Appellants John and Tammy Calvert appeal from an order granting respondent Randall Wolf's motion to quash service of summons for lack of personal jurisdiction.1 The Calverts…
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Third Anniversary of London Office

On March 4, 2013, Hage Aaronson was formed in London.  Today it has more than 40 lawyers, including 8 barristers, four of whom are QCs, two former heads of Chambers, and the leading tax silk in the UK.  It is somehow appropriate that it was formed on Vivaldi's birthday. ...
On March 4, 2013, Hage Aaronson was formed in London.  Today it has more than 40 lawyers, including 8 barristers, four of whom are QCs, two former heads of Chambers, and the leading tax silk in the UK.  It is…
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Rule 37 Sanctions — Party Who Did Not Attend Court-Ordered Deposition Barred from Submitting Testimony — No Error in Imposing Sanctions Even Though “the Court Did Not Make It as Easy as Possible for Him to Be Deposed” (Good Quote)

United States v. Cornejo-Reynoso, 2015 U.S. App. LEXIS 19127 (9th Cir. Nov. 2, 2015): Leonardo Cornejo-Reynoso appeals the district court's judgment in favor of the Government in this civil forfeiture action regarding $2,164,431.00 in United States currency. We affirm. The district court did not err in denying Corne ...
United States v. Cornejo-Reynoso, 2015 U.S. App. LEXIS 19127 (9th Cir. Nov. 2, 2015): Leonardo Cornejo-Reynoso appeals the district court's judgment in favor of the Government in this civil forfeiture action regarding $2,164,431.00 in United States currency. We affirm. The …
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No RICO Causation between Misstatements Concealing Lack of Licensure to Sell Crop Insurance and Subsequent Claims Mishandling (after 7 Years of Competent Claims Handling) — 5th Circuit’s Single-Transaction Rule Noted But Not Applied

Shannon v. Ham, 2016 U.S. App. LEXIS 2404 (5th Cir. Feb. 11, 2016): In this appeal, the Shannons challenge the district court's dismissal of their civil RICO complaint for failing to state [*2]  a claim. The district court ruled that the Shannons' complaint ran afoul of this circuit's "single transaction" rule f ...
Shannon v. Ham, 2016 U.S. App. LEXIS 2404 (5th Cir. Feb. 11, 2016): In this appeal, the Shannons challenge the district court's dismissal of their civil RICO complaint for failing to state [*2]  a claim. The district court ruled that…
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Federal Court May Not Impose Sanctions for Misconduct Occurring in Prior State Court Action That Was Dismissed with Prejudice before Federal Action Was Filed

Rivera-Carrasquillo v. Centro Ecuestre Madrigal, Inc., 2016 U.S. App. LEXIS 1180 (1st Cir. Jan. 25, 2016): Spending time astride an animal as magnificent, spirited, and powerful as a horse can be risky business. Unfortunately, Ángela Rivera-Carrasquillo experienced this first-hand when she was thrown from a horse in the midst of a gu ...
Rivera-Carrasquillo v. Centro Ecuestre Madrigal, Inc., 2016 U.S. App. LEXIS 1180 (1st Cir. Jan. 25, 2016): Spending time astride an animal as magnificent, spirited, and powerful as a horse can be risky business. Unfortunately, Ángela Rivera-Carrasquillo experienced this first-hand when…
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Once Plaintiff Moves to Dismiss under Rule 41(a)(1)(A)(i), Case Is Effectively Over and Court May Not Attach Conditions — Rule Allows Forum-Shopping — Sanctions Should Not Be a Consequence of Dismissal Nor a Condition Placed on It

Bechuck v. Home Depot USA, 2016 U.S. App. LEXIS 2633 (5th Cir. Feb. 16, 2016): Stephan Bechuck appeals an order dismissing, without prejudice, Home Depot U.S.A., Inc. ("Home Depot"), and Advantage Sales & Marketing, L.L.C. ("ASM") and requiring that any suits that Bechuck refiles against those parties be brought in ...
Bechuck v. Home Depot USA, 2016 U.S. App. LEXIS 2633 (5th Cir. Feb. 16, 2016): Stephan Bechuck appeals an order dismissing, without prejudice, Home Depot U.S.A., Inc. ("Home Depot"), and Advantage Sales & Marketing, L.L.C. ("ASM") and requiring that any…
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Recent Posts

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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.”

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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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