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

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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Inherent Power Sanctions — Violation of Court Orders Constitutes Bad Faith

Sandifer v. Gusman, 2015 U.S. App. LEXIS 22277 (5th Cir. Dec. 21, 2015): Appellant John Courtney Wilson attempted to represent Plaintiff Kendrica Sandifer in multiple suits brought against members of the Orleans Parish Sheriff's Office. The district court denied Wilson's motion to enroll as co-counsel in the original s ...
Sandifer v. Gusman, 2015 U.S. App. LEXIS 22277 (5th Cir. Dec. 21, 2015): Appellant John Courtney Wilson attempted to represent Plaintiff Kendrica Sandifer in multiple suits brought against members of the Orleans Parish Sheriff's Office. The district court denied …
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Appeals — Purely Conclusory Arguments Are Insufficient to Invoke Appellate Review and Are Disregarded — Award of Attorney’s Fees in Excess of Amount Recovered Upheld

Miller v. Wulf, 2015 U.S. App. LEXIS 20866 (10th Cir. Dec. 2, 2015): Arthur S. Wulf, an Illinois attorney representing himself, appeals the district court's orders granting the plaintiff's motion for summary judgment, Miller v. Wulf, 84 F. Supp. 3d 1266 (D. Utah 2015), and denying his motion for sanctions. We affirm.< ...
Miller v. Wulf, 2015 U.S. App. LEXIS 20866 (10th Cir. Dec. 2, 2015): Arthur S. Wulf, an Illinois attorney representing himself, appeals the district court's orders granting the plaintiff's motion for summary judgment, Miller v. Wulf, 84 F. Supp. 3d…
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Removal — Is There a Futility Exception to § 1447(c)’s Command That, If District Court Lacks Subject Matter Jurisdiction over a Removed Action, “The Case Shall Be Remanded”? — Circuit Split

Sibley v. McConnell, 2015 U.S. Dist. LEXIS 138820 (D.D.C. Oct. 13, 2015): The text of the removal statute is unequivocal: it instructs that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C. § 1447(c) ...
Sibley v. McConnell, 2015 U.S. Dist. LEXIS 138820 (D.D.C. Oct. 13, 2015): The text of the removal statute is unequivocal: it instructs that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, …
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Judicial Notice of Internet Evidence — County Attorney’s Website = Official Record and Contents Fall within Hearsay Exception of Rule 803(8)

Shook v. Pitkin Cnty. Bd. of Cnty. Comm’rs, 2015 Colo. App. LEXIS 911 (Colo. Ct. App. June 18, 2015): Footnote 4   The district court denied Shook's request to take judicial notice of the county attorney's website. However, Shook supplied a copy of the webpage ( http://www.aspenpitkin.com/Departments/Attorney-Pitki ...
Shook v. Pitkin Cnty. Bd. of Cnty. Comm’rs, 2015 Colo. App. LEXIS 911 (Colo. Ct. App. June 18, 2015): Footnote 4   The district court denied Shook's request to take judicial notice of the county attorney's website. However, Shook supplied a …
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Judicial Notice of Internet Evidence — Party’s Admissions in Prior Lawsuit in Same Court

Martin v. Duffy, 2015 U.S. Dist. LEXIS 175102 (D.S.C. Dec. 30, 2015): The plaintiff, Anthony Fred Martin, a self-represented state prisoner, brings this civil rights action pursuant to 42 U.S.C. § 1983. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 73.02(B)(2) (D.S.C.). Plaintiff is an inmate at ...
Martin v. Duffy, 2015 U.S. Dist. LEXIS 175102 (D.S.C. Dec. 30, 2015): The plaintiff, Anthony Fred Martin, a self-represented state prisoner, brings this civil rights action pursuant to 42 U.S.C. § 1983. This matter is before the court pursuant to…
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Judicial Notice of Internet Evidence — Legal Organization of Putative Entities from Government Party’s Website — Analysis May Encompass Notice of Any Party’s Website for This Purpose

Burris v. Nassau Cnty., 2015 U.S. Dist. LEXIS 166428 (E.D.N.Y. Dec. 11, 2015): The Moving Defendants seek summary judgment as to all claims against Defendants Nassau County Police Department, Nassau County Sheriff's Department and Nassau County Corrections Department,3 arguing t ...
Burris v. Nassau Cnty., 2015 U.S. Dist. LEXIS 166428 (E.D.N.Y. Dec. 11, 2015): The Moving Defendants seek summary judgment as to all claims against Defendants Nassau County Police Department, Nassau County Sheriff's Department and Nassau County Corrections Department,3 arguing …
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Inherent Power Sanctions — Suspension/Disbarment Require Clear &Convincing Evidence of Bad Faith, Attorney’s Fees Don’t — Misrepresentation in Defending Partner and Firm in Sanctions Hearing Sanctioned

White v. Regional Adjustment Bureau, 2016 U.S. App. LEXIS 1491 (5th Cir. Jan. 29, 2016) [updated opinion: 2016 U.S. App. LEXIS 7962] (Note: a related sanctions appeal is excerpted in the posting dated February 11, 2016; both raise the same jurisdictional issue that the Court of Appeals took the appeal before the attorneys' fees were set):
White v. Regional Adjustment Bureau, 2016 U.S. App. LEXIS 1491 (5th Cir. Jan. 29, 2016) [updated opinion: 2016 U.S. App. LEXIS 7962] (Note: a related sanctions appeal is excerpted in the posting dated February 11, 2016; both raise the same…
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Sanctions — Appellate Jurisdiction over Inherent Power Suspension While Attorney’s Fees Unset — Independent Counsel to Pursue IP Sanction If Suspension, Disbarment Possible — Abuse of Discretion Review With a Careful Eye (Good Quote)

White v. Regional Adjustment Bur., Inc., 2015 U.S. App. LEXIS 21023 (5th Cir. Dec. 1, 2015): The underlying dispute in this case concerned claims under consumer protection statutes by Dr. Timothy White, represented by Noah Radbil, against Regional Adjustment Bureau, Inc. ("RAB"). However, this appeal concerns only sanctions ...
White v. Regional Adjustment Bur., Inc., 2015 U.S. App. LEXIS 21023 (5th Cir. Dec. 1, 2015): The underlying dispute in this case concerned claims under consumer protection statutes by Dr. Timothy White, represented by Noah Radbil, against Regional Adjustment Bureau,…
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Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

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

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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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