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

RICO: “Where There is a Single Scheme, Single Injury and Few Victims, It Will Be Virtually Impossible to State a RICO Claim” — Parsing Injury Doesn’t Multiply It (Good Quotes)

Eastern Sav. Bank, FSB v. Papageorge, 2015 U.S. App. LEXIS 17744 (D.C. Cir. Oct. 9, 2015): On July 29, 2013, appellant Eastern Savings Bank, FSB, filed a complaint in the district court raising nine claims arising out of an alleged conspiracy related to the financing of the purchase of a townhouse located in the District of Co ...
Eastern Sav. Bank, FSB v. Papageorge, 2015 U.S. App. LEXIS 17744 (D.C. Cir. Oct. 9, 2015): On July 29, 2013, appellant Eastern Savings Bank, FSB, filed a complaint in the district court raising nine claims arising out of an alleged …
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Is the Time Stamp on a Facebook Post Hearsay or the Non-Hearsay Product of a Scientific Process? — Issue Raised But Not Decided

Ellis v. Commonwealth of VA., 2016 Va. App. LEXIS 18 (Va. Ct. App. Jan. 26, 2016): A Hampton jury convicted Emanuel Dale Ellis of robbery and use of a firearm in the commission of that robbery. Ellis wished to introduce into evidence at trial a photograph from his Facebook page with an accompanying timestamp. The trial judge, ...
Ellis v. Commonwealth of VA., 2016 Va. App. LEXIS 18 (Va. Ct. App. Jan. 26, 2016): A Hampton jury convicted Emanuel Dale Ellis of robbery and use of a firearm in the commission of that robbery. Ellis wished to introduce …
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Judicial Notice of Internet Evidence — State Agency (Department of Corrections) Policies as Reflected on Its Website

Dugas v. Wittrup, 2016 U.S. Dist. LEXIS 3055 (S.D. Ohio Jan. 11, 2016): Plaintiff, formerly incarcerated by the State of Ohio at the Chillicothe Correctional Institution ("CCI"), brings this action under 42 U.S.C. § 1983 against Brian Wittrup, Chief of the Bureau of Classification for the Ohio Department of Rehabil ...
Dugas v. Wittrup, 2016 U.S. Dist. LEXIS 3055 (S.D. Ohio Jan. 11, 2016): Plaintiff, formerly incarcerated by the State of Ohio at the Chillicothe Correctional Institution ("CCI"), brings this action under 42 U.S.C. § 1983 against Brian Wittrup, Chief of…
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§ 1927 Sanctions for Failure for Weeks to Respond to Messages Imploring Out of Court Resolution of Baseless Application Followed by Last-Minute Withdrawal Too Late to Avoid Hearing — Law Firm Vicariously Liable (Circuit Split)

MJS Las Croabas Props., Inc. v. FDIC, 2016 Bankr. LEXIS 498 (B.A.P. 1st Cir. Feb. 17, 2016): Castellanos Group Law Firm, L.L.C. (the "Castellanos Firm") appeals from the following bankruptcy court orders: (1) the March 13, 2015 order imposing sanctions against the firm (the "March 2015 Order");2 and (2) ...
MJS Las Croabas Props., Inc. v. FDIC, 2016 Bankr. LEXIS 498 (B.A.P. 1st Cir. Feb. 17, 2016): Castellanos Group Law Firm, L.L.C. (the "Castellanos Firm") appeals from the following bankruptcy court orders: (1) the March 13, 2015 order imposing sanctions…
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Inherent Power Sanctions — Egregious Overstatement of Time in Fee Application Meets 11th Circuit’s Objective Recklessness Standard for Bad Faith — 85% Reduction of Requested Award Is a Reasonable Sanction

Reyes v. Aqua Life Corp., 2015 U.S. App. LEXIS 20462 (11th Cir. Nov. 25, 2015): This matter arises out of several post-verdict motions filed by appellant Humberto Reyes ("Mr. Reyes") and appellee Aqua Life Corp. ("Aqua Life"), after a jury found in favor of Mr. Reyes in his suit to recover unpaid overtime wages und ...
Reyes v. Aqua Life Corp., 2015 U.S. App. LEXIS 20462 (11th Cir. Nov. 25, 2015): This matter arises out of several post-verdict motions filed by appellant Humberto Reyes ("Mr. Reyes") and appellee Aqua Life Corp. ("Aqua Life"), after a jury…
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Rule 11 Sanctions — Injunction Barring Litigant Who Filed Three Attempts to Litigate Same Claims from Filing More without Notice to, and OK from, District Judge Upheld — Federal Court Can’t Decide Moot Issue — Equals Advisory Opinion (Good Quote)

Langermann v. Dubbin, 2015 U.S. App. LEXIS 9200 (11th Cir. June 3, 2015): Robert Langermann brought this action alleging that the Defendants improperly denied him benefits he is due under a class action settlement. The district court dismissed his suit as barred by res judicata and denied his pending summary judgment motion as moot. < ...
Langermann v. Dubbin, 2015 U.S. App. LEXIS 9200 (11th Cir. June 3, 2015): Robert Langermann brought this action alleging that the Defendants improperly denied him benefits he is due under a class action settlement. The district court dismissed his suit…
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Forum Non Conveniens — Russia Is an Adequate Alternative Forum for RICO Case, Despite Having No RICO Equivalent, Where Some Aspects of the Dispute Are Subject to Russian Law — Foreign Law Must Apply at Least in Part for FNC Transfer

Archangel Diamond Corp. v. OAO Lukoil, 2016 U.S. App. LEXIS 2240 (10th Cir. Feb. 9, 2016): Plaintiff Archangel Diamond Corporation Liquidating Trust, as successor-in-interest to Archangel Diamond Corporation (collectively, "Archangel"), appeals the dismissal of its civil case against defendant OAO Lukoil ("Lukoil") ...
Archangel Diamond Corp. v. OAO Lukoil, 2016 U.S. App. LEXIS 2240 (10th Cir. Feb. 9, 2016): Plaintiff Archangel Diamond Corporation Liquidating Trust, as successor-in-interest to Archangel Diamond Corporation (collectively, "Archangel"), appeals the dismissal of its civil case against defendant OAO…
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Wayback Machine Authenticated by Affidavit from Archive.com Office Manager

Stabile v. Paul Smith Ltd., 2015 U.S. Dist. LEXIS 101291 (C.D. Cal. July 31, 2015): Stabile stated during her January 13, 2015 deposition that Extrapolations # 3 has appeared on her website, but she could not remember when it appeared, and it does not appear there now. (Stabile Depo. 108:24-109:6.) Stabile states in h ...
Stabile v. Paul Smith Ltd., 2015 U.S. Dist. LEXIS 101291 (C.D. Cal. July 31, 2015): Stabile stated during her January 13, 2015 deposition that Extrapolations # 3 has appeared on her website, but she could not remember when it appeared, …
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Texts Authenticated by Arrival at Meeting Arranged on Phone, and Carrying Phone, Witness Had Texted & Which Contained Witness’s Number — Facebook Messages Authenticated by Exchange of Phone Numbers Used to Text

Boyd v. State, 2015 Miss. LEXIS 204 (Miss. S.Ct. April 30, 2015): ¶1. This appeal arises from the conviction of Tyrone Boyd under Mississippi Code Section 97-5-33(6) for the exploitation of a child. Following conviction, the Circuit Court of Lauderdale County sentenced Boyd to a term of twelve years imprisonment with seven y ...
Boyd v. State, 2015 Miss. LEXIS 204 (Miss. S.Ct. April 30, 2015): ¶1. This appeal arises from the conviction of Tyrone Boyd under Mississippi Code Section 97-5-33(6) for the exploitation of a child. Following conviction, the Circuit Court of Lauderdale…
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Email Admissibility — Hearsay Statements of Principal to Coaches Advising They Consult Counsel Not within Scope of Her Employment with School — Co-Conspiracy Exception Requires Factual Predicate That Conspiracy Exists

Bigge v. Dist. Sch. Bd. of Citrus Cnty., 2015 U.S. Dist. LEXIS 31181 (M.D. Fla. Mar. 13, 2015): Plaintiffs William Bigge, Karen Bigge, Wayne Canfield, and Laurie Canfield are the parents of three female former students at Citrus High School.1 Between December 2008 and January 2009, while their daughters were students at the ...
Bigge v. Dist. Sch. Bd. of Citrus Cnty., 2015 U.S. Dist. LEXIS 31181 (M.D. Fla. Mar. 13, 2015): Plaintiffs William Bigge, Karen Bigge, Wayne Canfield, and Laurie Canfield are the parents of three female former students at Citrus High School.1…
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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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