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

Abuse of Discretion — Limits of Discretion — Court May Not Do Whatever It Pleases — Party’s Wealth Irrelevant (Good Quotes)

Kern v. TXO Prod. Corp., 738 F.2d 968, 970 (8th Cir. 1984): [W]hen we say that a decision is discretionary, or that a district court has discretion to grant or deny a motion, we do not mean that the district court may do whatever pleases it. ... The fact that a party is a corporation, or is thought to be rich, or both, is and must be ...
Kern v. TXO Prod. Corp., 738 F.2d 968, 970 (8th Cir. 1984): [W]hen we say that a decision is discretionary, or that a district court has discretion to grant or deny a motion, we do not mean that the district…
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Twitter Admissibility — Third Party Tweet Admissible for Effect on Reader (to Explain Reader’s Subsequent Behavior), Not for Its Truth

R.L. v. Central York Sch. Dist., 2016 U.S. Dist. LEXIS 58446 (M.D. Pa. May 3, 2016): PROCEDURAL HISTORY Our recitation of the procedural history of the instant matter is abbreviated, as it is recounted solely for the benefit of the parties, who are familiar with the matter. R.L., a minor, by and ...
R.L. v. Central York Sch. Dist., 2016 U.S. Dist. LEXIS 58446 (M.D. Pa. May 3, 2016): PROCEDURAL HISTORY Our recitation of the procedural history of the instant matter is abbreviated, as it is recounted solely for the benefit of the…
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§ 1927 Sanctions — Where Court Orders § 1927 Sanctions on Motion and Movant Does Not Oppose Vacatur of Award of Movant’s Own Costs and Fees, Award Should Be Vacated (Reversing Refusal to Do So)

Coniglio v. Chesapeake Exploration LLC, 2016 U.S. App. LEXIS 8871 (6th Cir. May 12, 2016): Attorneys from the law firm Tzangas, Plakas & Mannos, Ltd. ("TPM") appeal the district court's order imposing 28 U.S.C. § 1927 sanctions for vexatious multiplication of the proceedings. TPM represented Plaintiffs ...
Coniglio v. Chesapeake Exploration LLC, 2016 U.S. App. LEXIS 8871 (6th Cir. May 12, 2016): Attorneys from the law firm Tzangas, Plakas & Mannos, Ltd. ("TPM") appeal the district court's order imposing 28 U.S.C. § 1927 sanctions for vexatious multiplication …
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CAFA Removal — Plaintiff Always Has Art. III Standing to Fight Removal — CAFA Remand Motion Not Subject to 30-Day Deadline of §1447(c) — 52 Days OK — Not All Defendants Are “Primary” — OK to Drop Fed Claims to Return to State Court

Watson v. City of Allen, Tex., 2016 U.S. App. LEXIS 8367 (5th Cir. May 5, 2016): This putative class action challenges the use of red light cameras within Texas and, more specifically, the legislation authorizing such cameras. The case was originally filed in state court and subsequently removed to federal court. We must decid ...
Watson v. City of Allen, Tex., 2016 U.S. App. LEXIS 8367 (5th Cir. May 5, 2016): This putative class action challenges the use of red light cameras within Texas and, more specifically, the legislation authorizing such cameras. The case was …
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Removal — Is the Forum Defendant Rule (Barring Citizens of Forum from Removing) Waived If No Motion for Remand Is Filed within 30 Days? — Circuit Split

Harris v. MLB Consulting, LLC, 2016 U.S. Dist. LEXIS 21000 (D. N.D. Jan. 12, 2016): Plaintiff Kyle Harris (Harris) filed a motion to remand this case to state court, contending that removal to federal court was improper under the forum defendant rule of 28 U.S.C. § 1441(b) because defendant Petroleum Experience, Inc. ...
Harris v. MLB Consulting, LLC, 2016 U.S. Dist. LEXIS 21000 (D. N.D. Jan. 12, 2016): Plaintiff Kyle Harris (Harris) filed a motion to remand this case to state court, contending that removal to federal court was improper under the forum …
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Sanctions — Prejudgment Interest Allowed on Attorney’s Fees Award under § 1927 (and Other Sanctions Statutes) — No Vicarious Liability for Law Firm under § 1927

Gamage v.State of Nevada, 2016 U.S. App. LEXIS 6371 (9th Cir. Apr. 7, 2016): Sujanie Gamage ("Gamage"), her attorney Jason Bach ("Bach"), and The Bach Law Firm appeal the district court's order granting summary judgment in favor of defendants State of Nevada and Vernon Hodge, as well as the district cou ...
Gamage v.State of Nevada, 2016 U.S. App. LEXIS 6371 (9th Cir. Apr. 7, 2016): Sujanie Gamage ("Gamage"), her attorney Jason Bach ("Bach"), and The Bach Law Firm appeal the district court's order granting summary judgment in favor of defendants State …
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RICO — Open-Ended Continuity Shown by Evergreen Contract (Alone, Not Enough) + Defendants’ Perpetrating Same Scheme on 2d Victim (Different Scheme Irrelevant) — Lack of Continuity Not Shown by Interruption Due to Fortuitous Discovery

Kalitta Air, LLC v. GSBD & Assocs., 591 F. App'x 338 (6th Cir. 2014): A company contracted to buy jet fuel for its air-cargo business from a supplier that allegedly touted its ability to discount the price through its connections with international banks and with the Saudi royal family. Months and millions of dollars later ...
Kalitta Air, LLC v. GSBD & Assocs., 591 F. App'x 338 (6th Cir. 2014): A company contracted to buy jet fuel for its air-cargo business from a supplier that allegedly touted its ability to discount the price through its connections …
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Spoliation — Bad Faith Still Required for Adverse Inference Instruction for Spoliation of Electronic Data in Criminal Cases (5th Circuit)

United States v. Valas, 2016 U.S. App. LEXIS 9308 (5th Cir. May 20, 2016): A jury convicted Raymond Valas of engaging in a commercial sex act with a minor in violation of 18 U.S.C. § 1591. Valas argues on appeal that the district court improperly instructed his jury on § 1591's scienter requirement. He also raises five alleged ...
United States v. Valas, 2016 U.S. App. LEXIS 9308 (5th Cir. May 20, 2016): A jury convicted Raymond Valas of engaging in a commercial sex act with a minor in violation of 18 U.S.C. § 1591. Valas argues on appeal…
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RICO: Indian Tribes Are Governmental Entities Not Subject to RICO Liability — They Are “Persons” But Immune — They Have the Mens Rea of Their Officials — Injunctive Relief Is Available in Private RICO Actions

Gingras v. Rosette, 2016 U.S. Dist. LEXIS 66833 (D. Vt. May 18, 2016); Plaintiffs have filed a class action against individuals and companies involved in an online lending venture operated by the Chippewa Cree Tribe of the Rocky Boy's Indian Reservation in Montana (the Tribe). They claim that the "payday" loans offered b ...
Gingras v. Rosette, 2016 U.S. Dist. LEXIS 66833 (D. Vt. May 18, 2016); Plaintiffs have filed a class action against individuals and companies involved in an online lending venture operated by the Chippewa Cree Tribe of the Rocky Boy's Indian…
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Deposition Errata Sheets: To What Extent May Changes Be Made? — Does Sham Affidavit Rule Apply? — Circuit Split — Substantive vs. Transcription Errors vs. New Evidence or Confusion Rectifying

LAW REGARDING ERRATA CORRECTIONS Securities and Exchange Commission v. Goldstone, 2016 U.S. Dist. LEXIS 61657 (D. N.M. May 10, 2016): Rule 30(e) of the Federal Rules of Civil Procedure allows the deponent, within 30 days after notification that the transcript is available, to: &q ...
LAW REGARDING ERRATA CORRECTIONS Securities and Exchange Commission v. Goldstone, 2016 U.S. Dist. LEXIS 61657 (D. N.M. May 10, 2016): Rule 30(e) of the Federal Rules of Civil Procedure allows the deponent, within 30 days after notification that the transcript …
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Recent Posts

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Propoerty When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

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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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