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

Spoliation of Tangible Evidence — 10th Circuit Standards — Failure to Preserve Life as Potential Spoliation — No Liability for Spoliation by Unaffiliated Third Party

Jones v. Norton, 2015 U.S. App. LEXIS 22792 (10th Cir. Dec. 29, 2015): This case arises from the death of Ute Tribe member Todd R. Murray on [*2]  April 1, 2007, following a police pursuit. Murray's parents Debra Jones and Arden Post, on behalf of themselves and Murray's estate, brought a 13-count complaint i ...
Jones v. Norton, 2015 U.S. App. LEXIS 22792 (10th Cir. Dec. 29, 2015): This case arises from the death of Ute Tribe member Todd R. Murray on [*2]  April 1, 2007, following a police pursuit. Murray's parents Debra Jones and…
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Rule 37(c)(1) Sanctions — Failure to Disclose Important Conversation in Complaint or Response to Interrogatory Leads to Exclusion When Offered on Summary Judgment (and to Loss on Summary Judgment) — Particularly Wide Latitude Given 37(c)(1) Sanctions

Oyarzo v. Turner, 2015 U.S. App. LEXIS 22718 (9th Cir. Dec. 28, 2015): 3. We affirm the district court's grant of summary judgment for board members Darlene Hutchins and Joseph Turner on Oyarzo's First Amendment claim that they deterred him from protected political activity. In his opposition to summary judgment, [*4] ...
Oyarzo v. Turner, 2015 U.S. App. LEXIS 22718 (9th Cir. Dec. 28, 2015): 3. We affirm the district court's grant of summary judgment for board members Darlene Hutchins and Joseph Turner on Oyarzo's First Amendment claim that they deterred him…
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RICO — Fraud-Based Conspiracy Must Meet 9(b) — Can’t Create Specificity by “Page-Number Shock & Awe” — Mere Hint of Tribal Law Doesn’t Defeat Fed. Jur. — One Person’s Nefarious Acts Don’t Define Enterprise (Good Quotes)

Miccosukee Tribe of Indians of Fla. v. Cypress, 2015 U.S. App. LEXIS 22518 (11th Cir. Dec. 22, 2015): Plaintiff Miccosukee Tribe of Indians of Florida (the "Tribe") appeals from two orders and a final judgment in a fraud-and-embezzlement-related RICO suit against former tribal officials, several attorneys, a law firm, and in ...
Miccosukee Tribe of Indians of Fla. v. Cypress, 2015 U.S. App. LEXIS 22518 (11th Cir. Dec. 22, 2015): Plaintiff Miccosukee Tribe of Indians of Florida (the "Tribe") appeals from two orders and a final judgment in a fraud-and-embezzlement-related RICO suit…
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Email Admissibility — Hearsay — State of Mind Exception — There Is No “Self-Serving” Objection

Brown v. Golden State Foods Corps., 2015 Wash. App. LEXIS 371 (Wash. Ct. App. Feb. 24, 2015): Anthony Brown appeals from the trial court's order granting summary judgment to Golden State Foods Corporation (GSF) on Brown's claims of disability discrimination, retaliatory discharge, and failure to provide rest or meal breaks. Br ...
Brown v. Golden State Foods Corps., 2015 Wash. App. LEXIS 371 (Wash. Ct. App. Feb. 24, 2015): Anthony Brown appeals from the trial court's order granting summary judgment to Golden State Foods Corporation (GSF) on Brown's claims of disability discrimination,…
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No Mandamus to Review Order Compelling Fifth Amendment Materials in Tax Case — Post-Judgment Appeal Enough — Entertaining Opinion on Differing Approaches to Marijuana Industry Taken by DOJ (No Prosecution) & IRS (No Deductions)

Feinberg v. Comm’r of Internal Revenue, 2015 U.S. App. LEXIS 22161 (10th Cir. Dec. 18, 2015): This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. The Feinbergs and Ms. McDonald run Total Health Concepts, or THC, a not-so-subtly-named Colorado marijuana dispe ...
Feinberg v. Comm’r of Internal Revenue, 2015 U.S. App. LEXIS 22161 (10th Cir. Dec. 18, 2015): This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. The Feinbergs…
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Facebook Evidence — New Hampshire Supreme Court Upholds Circumstantial Authentication Based on Defendant’s Access to iPad Used to Send Messages and the Messages’ Contents and Timing

State v. Palermo, 2015 N.H. LEXIS 130 (N.H. S.Ct. Dec. 18, 2015): Following a jury trial in Superior Court (Nicolosi, J.), the defendant, Christopher M. Palermo, was convicted on one count of aggravated felonious sexual assault, see RSA 632-A:2, I(i) (2007), one count of criminal trespass, see R ...
State v. Palermo, 2015 N.H. LEXIS 130 (N.H. S.Ct. Dec. 18, 2015): Following a jury trial in Superior Court (Nicolosi, J.), the defendant, Christopher M. Palermo, was convicted on one count of aggravated felonious sexual assault, see RSA 632-A:2, I(i)…
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Arbitration — Incorporation of AAA Rules Does Not Render Availability of Class Arbitration a Matter for the Arbitrators Rather Than Court (Case Law But Not Circuit Split) — Does Incorporation Permit Class Arbitration? — Undecided Here

Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016): In Opalinski v. Robert Half International Inc., 761 F.3d 326 (3d Cir. 2014), cert. denied, 135 S. Ct. 1530, 191 L. Ed. 2d 558 (2015), we held that the availability of class arbitration constitutes a "ques ...
Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, 2016 U.S. App. LEXIS 42 (3d Cir. Jan. 5, 2016): In Opalinski v. Robert Half International Inc., 761 F.3d 326 (3d Cir. 2014), cert. denied, 135 S. Ct. 1530, 191 L. Ed. 2d …
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Rule 11 Sanctions — Absence of Case Law Recognizing Constitutional Right Does Not Necessarily Render Claim Frivolous — Claim of Conspiracy with Gov’t Officials Falls Outside 1st Amend., Hence No Improper Purpose

Buckler v. MacGregor, 2015 U.S. App. LEXIS 21613 (11th Cir. Dec. 15, 2015): The Druid Hills Civic Association, Inc. (DHCA) and Robert Bruce MacGregor, III, appeal the district court's [*2]  denial of their motions for sanctions and attorney's fees in Robert H. Buckler and H. Anthony McCullar's 42 U.S.C. ...
Buckler v. MacGregor, 2015 U.S. App. LEXIS 21613 (11th Cir. Dec. 15, 2015): The Druid Hills Civic Association, Inc. (DHCA) and Robert Bruce MacGregor, III, appeal the district court's [*2]  denial of their motions for sanctions and attorney's fees in…
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If Defendant Stipulates to a Judgment for All Relief Plaintiff Seeks, Plaintiff Is Not Entitled to Trial on Issues That Wouldn’t Affect the Judgment — No Need to Use Rule 68 — Defendant May Disclaim Liability

Rienzi & Sons, Inc. v. N. Puglisi & F. Industria Paste Alimentari S.P.A., 2015 U.S. Dist. LEXIS 19358 (E.D.N.Y. Feb. 18, 2015): The issue before the Court is whether entry of judgment is appropriate where a defendant has consented to judgment for all [*2]  the relief the plaintiff seeks at trial, but the pla ...
Rienzi & Sons, Inc. v. N. Puglisi & F. Industria Paste Alimentari S.P.A., 2015 U.S. Dist. LEXIS 19358 (E.D.N.Y. Feb. 18, 2015): The issue before the Court is whether entry of judgment is appropriate where a defendant has consented to…
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Rule 56(h) Sanctions — Willful Blindness = Bad Faith in Filing False Client Affid. on SJ — Withdrawing Claims from Overly Inclusive Complaint Doesn’t Warrant § 1927 or Inherent Power Sanctions —Good Quotes: Litigation ≠ Sport or Lottery

Jimenez v. City of NY, 2015 U.S. Dist. LEXIS 165359 (S.D.N.Y. Dec. 9, 2015): I. INTRODUCTION On September 24, 2015, this Court granted defendants' motion for summary judgment in this action brought under section 1983 of Title 42 of the United States Code. Defendants now move for attorneys' fees under se ...
Jimenez v. City of NY, 2015 U.S. Dist. LEXIS 165359 (S.D.N.Y. Dec. 9, 2015): I. INTRODUCTION On September 24, 2015, this Court granted defendants' motion for summary judgment in this action brought under section 1983 of Title 42 of the…
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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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