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

Once Plaintiff Moves to Dismiss under Rule 41(a)(1)(A)(i), Case Is Effectively Over and Court May Not Attach Conditions — Rule Allows Forum-Shopping — Sanctions Should Not Be a Consequence of Dismissal Nor a Condition Placed on It

Bechuck v. Home Depot USA, 2016 U.S. App. LEXIS 2633 (5th Cir. Feb. 16, 2016): Stephan Bechuck appeals an order dismissing, without prejudice, Home Depot U.S.A., Inc. ("Home Depot"), and Advantage Sales & Marketing, L.L.C. ("ASM") and requiring that any suits that Bechuck refiles against those parties be brought in ...
Bechuck v. Home Depot USA, 2016 U.S. App. LEXIS 2633 (5th Cir. Feb. 16, 2016): Stephan Bechuck appeals an order dismissing, without prejudice, Home Depot U.S.A., Inc. ("Home Depot"), and Advantage Sales & Marketing, L.L.C. ("ASM") and requiring that any…
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RICO: “Where There is a Single Scheme, Single Injury and Few Victims, It Will Be Virtually Impossible to State a RICO Claim” — Parsing Injury Doesn’t Multiply It (Good Quotes)

Eastern Sav. Bank, FSB v. Papageorge, 2015 U.S. App. LEXIS 17744 (D.C. Cir. Oct. 9, 2015): On July 29, 2013, appellant Eastern Savings Bank, FSB, filed a complaint in the district court raising nine claims arising out of an alleged conspiracy related to the financing of the purchase of a townhouse located in the District of Co ...
Eastern Sav. Bank, FSB v. Papageorge, 2015 U.S. App. LEXIS 17744 (D.C. Cir. Oct. 9, 2015): On July 29, 2013, appellant Eastern Savings Bank, FSB, filed a complaint in the district court raising nine claims arising out of an alleged …
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Is the Time Stamp on a Facebook Post Hearsay or the Non-Hearsay Product of a Scientific Process? — Issue Raised But Not Decided

Ellis v. Commonwealth of VA., 2016 Va. App. LEXIS 18 (Va. Ct. App. Jan. 26, 2016): A Hampton jury convicted Emanuel Dale Ellis of robbery and use of a firearm in the commission of that robbery. Ellis wished to introduce into evidence at trial a photograph from his Facebook page with an accompanying timestamp. The trial judge, ...
Ellis v. Commonwealth of VA., 2016 Va. App. LEXIS 18 (Va. Ct. App. Jan. 26, 2016): A Hampton jury convicted Emanuel Dale Ellis of robbery and use of a firearm in the commission of that robbery. Ellis wished to introduce …
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Judicial Notice of Internet Evidence — State Agency (Department of Corrections) Policies as Reflected on Its Website

Dugas v. Wittrup, 2016 U.S. Dist. LEXIS 3055 (S.D. Ohio Jan. 11, 2016): Plaintiff, formerly incarcerated by the State of Ohio at the Chillicothe Correctional Institution ("CCI"), brings this action under 42 U.S.C. § 1983 against Brian Wittrup, Chief of the Bureau of Classification for the Ohio Department of Rehabil ...
Dugas v. Wittrup, 2016 U.S. Dist. LEXIS 3055 (S.D. Ohio Jan. 11, 2016): Plaintiff, formerly incarcerated by the State of Ohio at the Chillicothe Correctional Institution ("CCI"), brings this action under 42 U.S.C. § 1983 against Brian Wittrup, Chief of…
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§ 1927 Sanctions for Failure for Weeks to Respond to Messages Imploring Out of Court Resolution of Baseless Application Followed by Last-Minute Withdrawal Too Late to Avoid Hearing — Law Firm Vicariously Liable (Circuit Split)

MJS Las Croabas Props., Inc. v. FDIC, 2016 Bankr. LEXIS 498 (B.A.P. 1st Cir. Feb. 17, 2016): Castellanos Group Law Firm, L.L.C. (the "Castellanos Firm") appeals from the following bankruptcy court orders: (1) the March 13, 2015 order imposing sanctions against the firm (the "March 2015 Order");2 and (2) ...
MJS Las Croabas Props., Inc. v. FDIC, 2016 Bankr. LEXIS 498 (B.A.P. 1st Cir. Feb. 17, 2016): Castellanos Group Law Firm, L.L.C. (the "Castellanos Firm") appeals from the following bankruptcy court orders: (1) the March 13, 2015 order imposing sanctions…
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Inherent Power Sanctions — Egregious Overstatement of Time in Fee Application Meets 11th Circuit’s Objective Recklessness Standard for Bad Faith — 85% Reduction of Requested Award Is a Reasonable Sanction

Reyes v. Aqua Life Corp., 2015 U.S. App. LEXIS 20462 (11th Cir. Nov. 25, 2015): This matter arises out of several post-verdict motions filed by appellant Humberto Reyes ("Mr. Reyes") and appellee Aqua Life Corp. ("Aqua Life"), after a jury found in favor of Mr. Reyes in his suit to recover unpaid overtime wages und ...
Reyes v. Aqua Life Corp., 2015 U.S. App. LEXIS 20462 (11th Cir. Nov. 25, 2015): This matter arises out of several post-verdict motions filed by appellant Humberto Reyes ("Mr. Reyes") and appellee Aqua Life Corp. ("Aqua Life"), after a jury…
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Rule 11 Sanctions — Injunction Barring Litigant Who Filed Three Attempts to Litigate Same Claims from Filing More without Notice to, and OK from, District Judge Upheld — Federal Court Can’t Decide Moot Issue — Equals Advisory Opinion (Good Quote)

Langermann v. Dubbin, 2015 U.S. App. LEXIS 9200 (11th Cir. June 3, 2015): Robert Langermann brought this action alleging that the Defendants improperly denied him benefits he is due under a class action settlement. The district court dismissed his suit as barred by res judicata and denied his pending summary judgment motion as moot. < ...
Langermann v. Dubbin, 2015 U.S. App. LEXIS 9200 (11th Cir. June 3, 2015): Robert Langermann brought this action alleging that the Defendants improperly denied him benefits he is due under a class action settlement. The district court dismissed his suit…
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Forum Non Conveniens — Russia Is an Adequate Alternative Forum for RICO Case, Despite Having No RICO Equivalent, Where Some Aspects of the Dispute Are Subject to Russian Law — Foreign Law Must Apply at Least in Part for FNC Transfer

Archangel Diamond Corp. v. OAO Lukoil, 2016 U.S. App. LEXIS 2240 (10th Cir. Feb. 9, 2016): Plaintiff Archangel Diamond Corporation Liquidating Trust, as successor-in-interest to Archangel Diamond Corporation (collectively, "Archangel"), appeals the dismissal of its civil case against defendant OAO Lukoil ("Lukoil") ...
Archangel Diamond Corp. v. OAO Lukoil, 2016 U.S. App. LEXIS 2240 (10th Cir. Feb. 9, 2016): Plaintiff Archangel Diamond Corporation Liquidating Trust, as successor-in-interest to Archangel Diamond Corporation (collectively, "Archangel"), appeals the dismissal of its civil case against defendant OAO…
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Wayback Machine Authenticated by Affidavit from Archive.com Office Manager

Stabile v. Paul Smith Ltd., 2015 U.S. Dist. LEXIS 101291 (C.D. Cal. July 31, 2015): Stabile stated during her January 13, 2015 deposition that Extrapolations # 3 has appeared on her website, but she could not remember when it appeared, and it does not appear there now. (Stabile Depo. 108:24-109:6.) Stabile states in h ...
Stabile v. Paul Smith Ltd., 2015 U.S. Dist. LEXIS 101291 (C.D. Cal. July 31, 2015): Stabile stated during her January 13, 2015 deposition that Extrapolations # 3 has appeared on her website, but she could not remember when it appeared, …
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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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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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