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

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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Collateral Order Doctrine Does Not Permit Appeal of Denial of Motion to Dismiss on Ground Claims Belong in Another Forum (Here, Administrative) — Good Lists of Cases That Collateral Order Doctrine Does, and Does Not, Apply to

Fischer v. NY St. Dept. of Law, 2016 U.S. App. LEXIS 1979 (2d Cir. Feb. 5, 2016): Plaintiff-appellee Carol Fischer is pursuing in the United States District Court for the Southern District of New York a claim against defendant-appellant, her former employer--whose proper name is the Division of Appeals and Opinions of the Offi ...
Fischer v. NY St. Dept. of Law, 2016 U.S. App. LEXIS 1979 (2d Cir. Feb. 5, 2016): Plaintiff-appellee Carol Fischer is pursuing in the United States District Court for the Southern District of New York a claim against defendant-appellant, her …
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Internet Evidence — Printouts from Third Party, Private Websites (Here, Medical) = Inadmissible Hearsay and Are No Substitute for Expert Testimony on Causation

2. Defendants' Motion to Strike Printouts of Internet Websites [*12]  Hernandez v. Smith, 2015 U.S. Dist. LEXIS 90740 (E.D. Cal. July 12, 2015): This action is proceeding against Defendants Drs. R. D. Smith and L. Kirk for deliberate indifference to Plaintiff's serious medical needs in their treatment ...
2. Defendants' Motion to Strike Printouts of Internet Websites [*12]  Hernandez v. Smith, 2015 U.S. Dist. LEXIS 90740 (E.D. Cal. July 12, 2015): This action is proceeding against Defendants Drs. R. D. Smith and L. Kirk for deliberate indifference to…
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Recipient of Voicemail May Authenticate It by Memory, Regardless of Existence of Transcript

Pawelczak v. Nations Recovery Ctr., Inc., 2012 U.S. Dist. LEXIS 82916 (N.D. Ill. June 14, 2012): Pawelczak filed this action against NRC for alleged violations of the Fair Debt Collection Practices Act ("FDCPA" or "the Act") 15 U.S.C. § 1692, et seq. Pawelczak alleges that NRC left several message ...
Pawelczak v. Nations Recovery Ctr., Inc., 2012 U.S. Dist. LEXIS 82916 (N.D. Ill. June 14, 2012): Pawelczak filed this action against NRC for alleged violations of the Fair Debt Collection Practices Act ("FDCPA" or "the Act") 15 U.S.C. § 1692,…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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