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 — Cover-Up Conspiracy Insufficiently Related to Original Conspiracy to Be Part of Same Pattern, Cannot Establish Open-Ended Continuity — Attorney Fees in Bringing RICO Claim ≠ RICO Injury — Factually Pleading Conspiracy (8(a), Not 9(b))

The Knit With v. Knitting Fever, Inc., 2015 U.S. App. LEXIS 15575 (3d Cir. Sept. 2, 2015): The Knit With ("TKW") appeals several orders the district court entered in TKW's suit alleging various claims under state and federal law. For the reasons that follow, we will affirm the district court. I.
The Knit With v. Knitting Fever, Inc., 2015 U.S. App. LEXIS 15575 (3d Cir. Sept. 2, 2015): The Knit With ("TKW") appeals several orders the district court entered in TKW's suit alleging various claims under state and federal law. For…
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Rule 11 Sanctions — Purpose: Deter Baseless Filings and Streamline Administration of Courts — Court Must Describe Conduct Determined to Constitute Violation and Explain Basis for Sanction Imposed

Mollis v. Corso, 2015 R.I. Super. LEXIS 42 (R.I. Super. Ct. Jan. 22, 2015) (see also our post of Dec. 21, 2014, regarding an earlier decision in this proceeding): This matter comes before the Court to set the appropriate amount of sanctions to be imposed upon Attorney Mark Welch (Attorney Welch) who, in representing former Secretary o ...
Mollis v. Corso, 2015 R.I. Super. LEXIS 42 (R.I. Super. Ct. Jan. 22, 2015) (see also our post of Dec. 21, 2014, regarding an earlier decision in this proceeding): This matter comes before the Court to set the appropriate amount…
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Judicial Notice of Internet Evidence — Use of Google Maps to Calculate Distances and Ascertain Geographic Locations

Ward v. Stewart, 2015 U.S. Dist. LEXIS 130686 (N.D.N.Y. Sept. 29, 2015): Plaintiffs Kevin A. Ward, Sr. and Pamela Ward (collectively "plaintiffs") initially filed this action in Supreme Court, Lewis County, against defendant Anthony Wayne Stewart ("Stewart" or "defendant"), asserting four causes of actio ...
Ward v. Stewart, 2015 U.S. Dist. LEXIS 130686 (N.D.N.Y. Sept. 29, 2015): Plaintiffs Kevin A. Ward, Sr. and Pamela Ward (collectively "plaintiffs") initially filed this action in Supreme Court, Lewis County, against defendant Anthony Wayne Stewart ("Stewart" or "defendant"), asserting…
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Internet Evidence — Terrorist Website Authenticated by Fact Governments Rely on It, Language and Facts in Postings, Exclusive Interviews, Non-Public Details re Leaders, and Official Seals — No Chain of Custody Needed for Accurate Video

Linde v. Arab Bank, 2015 WL 1565479 (E.D.N.Y. April 8, 2015): VII. Evidentiary Rulings A. Authentication Generally
Linde v. Arab Bank, 2015 WL 1565479 (E.D.N.Y. April 8, 2015): VII. Evidentiary Rulings A. Authentication Generally Federal Rule of Evidence 901 “does not erect a particularly high hurdle” for authenticating evidence. United States v. Dhinsa, 243 F.3d 635, 658 …
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Sanctions — No Appellate Jurisdiction Where Appealed Order Didn’t Include Amount and Subsequent Order Not Appealed From — Substantial Degree of Frivolousness Required for FRAP 38 Sanctions on Pro Se Litigant

McCavey v. Gold, 2015 U.S. App. LEXIS 15761 (11th Cir. Sept. 4, 2015): William M. McCavey, proceeding pro se, appeals the district court's dismissal of his complaint filed against nine defendants involved in varying degrees with his state divorce action, asserting claims under 42 U.S.C. § 1983 and Georgia state law. ***
McCavey v. Gold, 2015 U.S. App. LEXIS 15761 (11th Cir. Sept. 4, 2015): William M. McCavey, proceeding pro se, appeals the district court's dismissal of his complaint filed against nine defendants involved in varying degrees with his state divorce action,…
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Judicial Notice of Internet Evidence Taken on 12(b)(6) Motion to Dismiss without Converting It into a Summary Judgment Motion — Newspaper Website — Article Stating Date Official (a Defendant) Appointed to Office

Jones v. Chapman, 2015 U.S. Dist. LEXIS 96964 (D. Md. July 24, 2015): This case arises from allegations of police brutality in connection with the untimely death of Tyrone A. West, Sr. ("Mr. West" or the "Decedent") on July 18, 2013.1 Tawanda Jones, as Personal Representative of the Estate of Tyrone A. W ...
Jones v. Chapman, 2015 U.S. Dist. LEXIS 96964 (D. Md. July 24, 2015): This case arises from allegations of police brutality in connection with the untimely death of Tyrone A. West, Sr. ("Mr. West" or the "Decedent") on July 18,…
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Rule 11 Safe Harbor Triggered by Motion, Not Brief, Declarations — Motion Must Give Sufficient Notice of Conduct at Issue — Discovery re Sanctions only in Extraordinary Circumstances; No Trial Required (Good Quotes)

Burbidge Mitchell & Gross v. Peters, 2015 U.S. App. LEXIS 14405 (10th Cir. Aug. 17, 2015): This diversity case involves the tort of wrongful use of civil proceedings. The case was filed by the Utah law firm of Burbidge, Mitchell & Gross (BMG) against former client C&M Properties, LLC (C&M), which had sued BMG for legal malprac ...
Burbidge Mitchell & Gross v. Peters, 2015 U.S. App. LEXIS 14405 (10th Cir. Aug. 17, 2015): This diversity case involves the tort of wrongful use of civil proceedings. The case was filed by the Utah law firm of Burbidge, Mitchell …
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Sanctions — Rule 37 Dismissal Requires Willfulness, Bad Faith or Fault — Fees Limited to Cost of Misconduct, Not Responding to Discovery — Extraordinary Circumstances Needed to Withdraw Consent to Proceed before Magistrate Judge

Odige v. Nat’l Mentor Healthcare, LLC, 2015 U.S. App. LEXIS 15831 (9th Cir. Sept. 4, 2015): In these consolidated appeals, Chuks Odigwe appeals pro se from the district court's judgment dismissing his employment discrimination action as a discovery sanction under Federal Rule of Civil Procedure 37(b). We have jurisdiction under ...
Odige v. Nat’l Mentor Healthcare, LLC, 2015 U.S. App. LEXIS 15831 (9th Cir. Sept. 4, 2015): In these consolidated appeals, Chuks Odigwe appeals pro se from the district court's judgment dismissing his employment discrimination action as a discovery sanction under…
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Sanctions — Spoliation — Bad Faith as Well as Prejudice Required for Adverse Inference Instruction in Eleventh Circuit

Rives v. LaHood, 2015 U.S. App. LEXIS 4838 (11th Cir. Mar. 25, 2015): We review a district court's decision regarding spoliation sanctions for abuse of discretion. Mann, 588 F.3d at 1310. "[A] party moving for [spoliation] sanctions must establish, among other things, that the destroyed evide ...
Rives v. LaHood, 2015 U.S. App. LEXIS 4838 (11th Cir. Mar. 25, 2015): We review a district court's decision regarding spoliation sanctions for abuse of discretion. Mann, 588 F.3d at 1310. "[A] party moving for [spoliation] sanctions must establish, …
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Unethical or Illegal Conduct by Counsel Vitiates Work Product Protection — RICO: Awareness of Essential Nature and Scope of Enterprise, and Intent to Participate in It, Suffice for §1962(c)

United States v. Pellicano, 2015 U.S. App. LEXIS 14961 (9th Cir. Aug. 25, 2015): Six defendants appeal [*7]  their criminal convictions stemming from a widespread criminal enterprise offering illegal private investigation services in Southern California. At the center of this criminal enterprise was Pellicano Investigative Ag ...
United States v. Pellicano, 2015 U.S. App. LEXIS 14961 (9th Cir. Aug. 25, 2015): Six defendants appeal [*7]  their criminal convictions stemming from a widespread criminal enterprise offering illegal private investigation services in Southern California. At the center of this …
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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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