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

Email/Texts — Texts Authenticated by Fact They Were Downloaded from Cell on Defendant’s Person (Even Though Registered to & Sometimes Use by Another), Refer to Him by First Name and Concern Drugs of Sort Possessed by Him — Texts Then = Admissions

Glispie v. State, 2015 Ga. App. LEXIS 748 (Ga. Ct. App. Nov. 20, 2015): In connection with a traffic stop, Jaylend Glispie was convicted of violating the Georgia Controlled Substances Act for possession with intent to distribute cocaine and 3, 4-methylenedioxymethcathinone (methylone) (2 counts),1 obstructi ...
Glispie v. State, 2015 Ga. App. LEXIS 748 (Ga. Ct. App. Nov. 20, 2015): In connection with a traffic stop, Jaylend Glispie was convicted of violating the Georgia Controlled Substances Act for possession with intent to distribute cocaine and 3,…
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Spoliation Sanctions — Default Judgment — Calculating Reasonable Damages When Essential Evidence Has Been Spoliated — New Argument May Be Considered on Appeal If It Is Purely Legal, Requires No New Facts or Manifest Injustice Would Result

Peter Kiewit Sons’, Inc. v. Wall Street Equity Grp., Inc., 2016 U.S. App. LEXIS 52 (8th Cir. Jan. 6, 2016): This appeal arises out of a trademark infringement suit filed by Peter Kiewit Sons', Inc., in which the district court1 first entered a default against the defendants as ...
Peter Kiewit Sons’, Inc. v. Wall Street Equity Grp., Inc., 2016 U.S. App. LEXIS 52 (8th Cir. Jan. 6, 2016): This appeal arises out of a trademark infringement suit filed by Peter Kiewit Sons', Inc., in which the district court…
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Email Admissibility — Read Receipt Probably Not Statement But, If So, Is An Admission — Reliability Not at Issue Where Issuer Admits Receipt of Underlying Email and Recipient Testifies She Received Receipt from Issuer’s Address

Fox v. Leland Volunteer Fire/Rescue Dept., Inc., 2015 U.S. Dist. LEXIS 30583 (E.D.N.C. Mar. 11, 2015): Plaintiff, formerly a paid lieutenant with defendant Leland Volunteer Fire and Rescue Department ("Leland") from June 2008, until January 2011, commenced this action by complaint dated December 21, 2012. Plaintiff sues defe ...
Fox v. Leland Volunteer Fire/Rescue Dept., Inc., 2015 U.S. Dist. LEXIS 30583 (E.D.N.C. Mar. 11, 2015): Plaintiff, formerly a paid lieutenant with defendant Leland Volunteer Fire and Rescue Department ("Leland") from June 2008, until January 2011, commenced this action by…
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Judicial Notice of Internet Evidence — Court Records as Reflected on Westlaw

Uncapher v. Berghuis, 2015 U.S. Dist. LEXIS 21696 (E.D. Mich. Feb. 24, 2015): 1 Although neither party informed this Court of petitioner's 2008 habeas petition in the Western District of Michigan, the Court learned about the case while searching Westlaw's website to obtain citations for petitioner's state court app ...
Uncapher v. Berghuis, 2015 U.S. Dist. LEXIS 21696 (E.D. Mich. Feb. 24, 2015): 1 Although neither party informed this Court of petitioner's 2008 habeas petition in the Western District of Michigan, the Court learned about the case while searching Westlaw's …
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Email Evidence — Circumstantial Authentication (7th Circuit)

Finnegan v. Myers, 2015 U.S. Dist. LEXIS 119517 (N.D. Ind. Sept. 8, 2015): This matter is before the Court on Defendant Laskey's Motion for Summary Judgment, filed by Defendant, Antoinette Laskey, on October 6, 2014 (DE #195), and Defendant Laskey's Motion to Strike Inadmissible Testimony and Documents from Plaintiffs' Des ...
Finnegan v. Myers, 2015 U.S. Dist. LEXIS 119517 (N.D. Ind. Sept. 8, 2015): This matter is before the Court on Defendant Laskey's Motion for Summary Judgment, filed by Defendant, Antoinette Laskey, on October 6, 2014 (DE #195), and Defendant Laskey's…
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Attorney Discipline — Court of Appeals Reviews De Novo Whether Conduct Is Subject to Sanction — Choice of Sanction Reviewed for Abuse of Discretion

In re Booker, 2015 U.S. App. LEXIS 22127 (5th Cir. Dec. 18, 2015): Robert Booker was suspended from the roll of attorneys admitted to practice in the United States District Court for the Eastern District of Texas (the "Eastern District") for three years. In June 2015, Booker appealed that suspension, claiming the dis ...
In re Booker, 2015 U.S. App. LEXIS 22127 (5th Cir. Dec. 18, 2015): Robert Booker was suspended from the roll of attorneys admitted to practice in the United States District Court for the Eastern District of Texas (the "Eastern District") …
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Sanctions — “This Appeal … Can Only Be Described as an Exercise in Chutzpah” (Good Quote) — Bankruptcy Court Has Authority to Dismiss a Chapter 7 Case for Cause for Bad Faith Litigation Abuse

Krueger v. Torres (In re Krueger), 812 F.3d 365 (5th Cir. Tex. Jan. 19, 2016): This appeal of a bankruptcy court decision dismissing a chapter 7 case "for cause" can only be described as an exercise in chutzpah. The debtor flagrantly and repeatedly abused bankruptcy and court processes to retain a ...
Krueger v. Torres (In re Krueger), 812 F.3d 365 (5th Cir. Tex. Jan. 19, 2016): This appeal of a bankruptcy court decision dismissing a chapter 7 case "for cause" can only be described as an exercise in chutzpah.…
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Judicial Notice of Internet Evidence — Appellate Court’s Taking Notice of Ongoing Proceedings in Lower Court Is Consistent with Its Authority to Require Supplementation of the Record and to Issue a Writ for Such Records

Matter of MKT, 2016 OK 4; 2016 Okla. LEXIS 6 (Okla. Sup. Ct. Jan. 20, 2016): The district court ordered the transfer of a minor child, S.A.W., to a foster-adoption home that was in compliance with the Indian Child Welfare Act and the Oklahoma Indian Child Welfare Act [IWCA], and in the bests interests of the child. Foster mother, natu ...
Matter of MKT, 2016 OK 4; 2016 Okla. LEXIS 6 (Okla. Sup. Ct. Jan. 20, 2016): The district court ordered the transfer of a minor child, S.A.W., to a foster-adoption home that was in compliance with the Indian Child Welfare…
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Inherent Power Sanctions for Filing 3rd & 4th Amended Complaints That Added 131 Pages of Text and 402 Pages of Exhibits Stating No New Claims and Only Marginally Pertinent to Existing Claims — Also, No RICO Causation

Mack v. Delta Air Lines, Inc., 2016 U.S. App. LEXIS 706 (11th Cir. Jan. 15, 2016): Plaintiffs Olivia Jiheekim Mack ("Mack") and David Mack, proceeding pro se, appeal the district court's dismissal of Mack's amended complaint against Mack's employer, Delta Air Lines, Inc. ("Delta"), and against Sedgewick ...
Mack v. Delta Air Lines, Inc., 2016 U.S. App. LEXIS 706 (11th Cir. Jan. 15, 2016): Plaintiffs Olivia Jiheekim Mack ("Mack") and David Mack, proceeding pro se, appeal the district court's dismissal of Mack's amended complaint against Mack's employer, Delta…
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FRAP 38 Sanctions Not Lightly Invoked — Law Allows for Reasonable Disagreements (Good Quotes) — Mistaken Labeling of Motion as Rule 11 Forgiven — Ignored District Court Warning Case Was Unreasonable & Vexatious

CFE Grp., LLC v. FirstMerit Bank, N.A., 2015 U.S. App. LEXIS 22914 (7th Cir. Dec. 31, 2015): The principal question in this appeal is whether the district court correctly refused to enjoin a state court from adjudicating a case that the state-court plaintiff had voluntarily dismissed in an earlier incarnation in federal court. In the ...
CFE Grp., LLC v. FirstMerit Bank, N.A., 2015 U.S. App. LEXIS 22914 (7th Cir. Dec. 31, 2015): The principal question in this appeal is whether the district court correctly refused to enjoin a state court from adjudicating a case that…
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Recent Posts

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.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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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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