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 — Mere Expectation ≠ Business or Property — Hope of Collecting on Judgment If Suit Succeeds, Absent Non-Speculative Property Right to Collect from Defendant = Mere Expectation — Before RICO Default Judgment, Misconduct Not Actionable

Villoldo v. BNP Paribas S.A., 2016 U.S. App. LEXIS 7747 (2d Cir. April 26, 2016): Plaintiffs, default judgment creditors against the Republic of Cuba ("Cuba"), appeal from the dismissal of their civil Racketeer Influenced and Corrupt Organizations Act ("RICO") claims, see 18 U.S.C. § 1962, and New York state law c ...
Villoldo v. BNP Paribas S.A., 2016 U.S. App. LEXIS 7747 (2d Cir. April 26, 2016): Plaintiffs, default judgment creditors against the Republic of Cuba ("Cuba"), appeal from the dismissal of their civil Racketeer Influenced and Corrupt Organizations Act ("RICO") claims,…
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§ 1927 Sanctions Rejected for Defense Counsel’s Failure to Note Client’s Lack of Diversity for a Year — Issue Litigated in Interim Would’ve Been Litigated Somewhere — 1927 Is Permissive; Sanction May Be Denied Even If Criteria Satisfied

Bommkiasamy v. Parikh, 2016 U.S. App. LEXIS 5085 (7th Cir. Mar. 21, 2016): This appeal concerns a district court's decision to deny sanctions under 28 U.S.C. § 1927, the statute that authorizes fees to be imposed on lawyers who "unreasonably and vexatiously" multiply proceedings. The underlying dispute ...
Bommkiasamy v. Parikh, 2016 U.S. App. LEXIS 5085 (7th Cir. Mar. 21, 2016): This appeal concerns a district court's decision to deny sanctions under 28 U.S.C. § 1927, the statute that authorizes fees to be imposed on lawyers who "unreasonably …
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Text Messages Received Relevant to Recipient’s State of Mind Even If Not Read — Declarations of Intent Admissible against Non-Declarant If Linked to Corroborative Evidence — 3d-Party Facebook Posts = Hearsay

Hopkins v. Nat’l RR Passenger Corp., 2016 U.S. Dist. LEXIS 57236 (E.D.N.Y. Apr. 29, 2016): In the early morning of July 9, 2006, Plaintiff Brian Hopkins was extremely intoxicated. (Id. at 2, 3.) At approximately 4:00 a.m., Hopkins climbed on top of a train parked at South Station in Boston. (Id. at 2.) Although witnesses saw Hopkins ...
Hopkins v. Nat’l RR Passenger Corp., 2016 U.S. Dist. LEXIS 57236 (E.D.N.Y. Apr. 29, 2016): In the early morning of July 9, 2006, Plaintiff Brian Hopkins was extremely intoxicated. (Id. at 2, 3.) At approximately 4:00 a.m., Hopkins climbed on…
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Absent Damages, Lawyer’s Fiduciary Breach Not Actionable — Ex-Lawyer Can’t Settle Ex-Client’s Claim Even If K Says So — No Rule 11 Sanctions If Claim Has Enough of a Kernel of a Theory (Good Quote)

McBurnie v. Rutledge, 2016 U.S. App. LEXIS 7099 (2d Cir. Apr. 20, 2016): This order resolves two appeals, which were submitted separately but were argued in tandem and arise from the same underlying District Court case. In that case, William L. McBurnie ("McBurnie") brought an action against his former attorney, Dane Keller ...
McBurnie v. Rutledge, 2016 U.S. App. LEXIS 7099 (2d Cir. Apr. 20, 2016): This order resolves two appeals, which were submitted separately but were argued in tandem and arise from the same underlying District Court case. In that case, William…
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Rule 11 Sanctions Apt for Filing Motion Duplicating One Previously Denied — Appeals: Issue Mentioned Only in Statement of Issues and in Summary of Argument Sections of Brief Are Waived

Matter of Flaschom, Inc. (Dye v. Commc’ns Ventures III, LP, 2016 U.S. App. LEXIS 5842 (9th Cir. Mar. 30, 2016) (2-1 decision as to sanctions): Carolyn Dye, the bankruptcy trustee for Flashcom, appeals the bankruptcy court's judgment and sanctions imposed on her attorney and her personally for violation of Federal Rule of ...
Matter of Flaschom, Inc. (Dye v. Commc’ns Ventures III, LP, 2016 U.S. App. LEXIS 5842 (9th Cir. Mar. 30, 2016) (2-1 decision as to sanctions): Carolyn Dye, the bankruptcy trustee for Flashcom, appeals the bankruptcy court's judgment and sanctions imposed …
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Judicial Notice of Internet Evidence (Lanham Act Case): (1) Party’s Filings As They Appear on Secretary of State Website; (2) Corporate Info from Google Search; (3) Co. Profile on ZoomInfo.com; (4) Party’s Website (Admission)

Nat’l Grange of Order of Patrons of Husbandry v. Cal. State Grange, 2016 U.S. Dist. LEXIS 53038 (E.D. Cal. Apr. 20, 2016): Plaintiff National Grange of the Order of Patrons of Husbandry brought this action against defendant California State Grange for trademark infringement and unfair competition under the Lanham Act. Presently befo ...
Nat’l Grange of Order of Patrons of Husbandry v. Cal. State Grange, 2016 U.S. Dist. LEXIS 53038 (E.D. Cal. Apr. 20, 2016): Plaintiff National Grange of the Order of Patrons of Husbandry brought this action against defendant California State Grange…
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Rule 16(f) & 37(b) Dismissal Sanction for Pro Se’s Failure to Appear for 2 Pretrial Conferences — Noncompliance with Pretrial Orders Is Willful If Party Warned of Obligation to Appear — Pro Se Must Comply with Court Orders

Johnson v. NYC, 2016 U.S. App. LEXIS 7098 (2d Cir. April 20, 2016): Plaintiff-Appellant Brenda Johnson, proceeding pro se, appeals the district court's judgment sua sponte dismissing her 42 U.S.C. § 1983 complaint for failure to comply with court orders pursuant to Federal Rules of Civil Procedure 16(f) ...
Johnson v. NYC, 2016 U.S. App. LEXIS 7098 (2d Cir. April 20, 2016): Plaintiff-Appellant Brenda Johnson, proceeding pro se, appeals the district court's judgment sua sponte dismissing her 42 U.S.C. § 1983 complaint for failure to comply with court orders …
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Judicial Notice of Internet Evidence — Judicial Notice of Identities of Governmental Board Members from Board’s Website

Mauna Kea Anaina Hou v. Bd. of Land & Natural Res., 2015 Haw. LEXIS 325 (Hawaii Sup. Ct. Dec. 2, 2015): This case requires us to determine whether the procedure followed by the Board of Land and Natural Resources (Board or BLNR) in issuing a permit to construct an observatory in a conservation district1 comported with due p ...
Mauna Kea Anaina Hou v. Bd. of Land & Natural Res., 2015 Haw. LEXIS 325 (Hawaii Sup. Ct. Dec. 2, 2015): This case requires us to determine whether the procedure followed by the Board of Land and Natural Resources (Board…
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Real-Party-in-Interest: President of Corp. Is Not RPI in Corp.’s Action on Lease, Even If Pres. Provided Money for Lease — RICO: 4 Mandatory Elements to Plead Mail/Wire Fraud (11th Circuit) — Appeals: Rule 3 Interpreted Liberally

Symonette v. V.A. Leasing Corp., 2016 U.S. App. LEXIS 6843 (11th Cir. April 15, 2016): Maurice Symonette and Ferris Rhodes, Jr. appeal the district court's dismissal of their complaint alleging that V.A. Leasing Corporation ("V.A. Leasing") and Euro Motor Sport, Inc. ("Euro") defrauded them in connection with a ...
Symonette v. V.A. Leasing Corp., 2016 U.S. App. LEXIS 6843 (11th Cir. April 15, 2016): Maurice Symonette and Ferris Rhodes, Jr. appeal the district court's dismissal of their complaint alleging that V.A. Leasing Corporation ("V.A. Leasing") and Euro Motor Sport,…
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Rule 11 Sanctions: Forum-Shopping ≠ Improper Purpose If Jurisdiction Is Arguable — No Answer to Say Movant Unhappy with Other Court — Objective Reasonableness Is Tough Standard: Aggressive ≠ Unreasonable (Good Quotes) — Supp. v Amended Complaint

Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177 (10th Cir. 2015): Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in the United States District Court for the District of Colorado against Gamo Outdoor US ...
Predator Int’l, Inc. v. Gamo Outdoor USA, Inc., 793 F.3d 1177 (10th Cir. 2015): Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in …
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Recent Posts

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

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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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