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

Does Violation of Statute That Provides No Claim Bar RICO Claim for the Violation? — Commercial Relationship vs. Enterprise — Oper. & Mgmt.: Performing Services for Other Entity vs. Enterprise — Benefits of Exhibits to Complaint on 12(b)(6)

Bible v. United Student Aid Funds, Inc., 2015 U.S. App. LEXIS 14503 (7th Cir. Aug. 18, 2015): Plaintiff Bryana Bible obtained a student loan under the Federal Family Education Loan Program. She defaulted in 2012 but promptly agreed to enter into a rehabilitation agreement that required her to make a series of reduced [*2]  mo ...
Bible v. United Student Aid Funds, Inc., 2015 U.S. App. LEXIS 14503 (7th Cir. Aug. 18, 2015): Plaintiff Bryana Bible obtained a student loan under the Federal Family Education Loan Program. She defaulted in 2012 but promptly agreed to enter …
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May Court Transfer Venue under 28 U.S.C. § 1631 Only When Subject Matter Jurisdiction Is Lacking, Or Is the Absence of Personal Jurisdiction Enough? Circuit Split

Family Wireless #1, LLCv. Auto. Techns., Inc., 2015 U.S. Dist. LEXIS 115810 (E.D. Mich. Sept. 1, 2015): 1   The Court may also transfer venue pursuant to 28 U.S.C. § 1631. It states that when a court "finds that there is a want of jurisdiction, the court shall, if it is in the interests of justice transfer such action ...
Family Wireless #1, LLCv. Auto. Techns., Inc., 2015 U.S. Dist. LEXIS 115810 (E.D. Mich. Sept. 1, 2015): 1   The Court may also transfer venue pursuant to 28 U.S.C. § 1631. It states that when a court "finds that there is…
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2009 Revision to Rule 15(a) Can’t Be Read to Permit Amendment of Complaint “Once As a Matter of Course … after” Motion to Dismiss If Complaint Was Already Amended Once before the Motion Was Served

U.S. ex rel. D’Agostino v. EV3, Inc., 2015 U.S. App. LEXIS 17214 (1st Cir. Sept. 30, 2015): Plaintiff-appellant Jeffrey D'Agostino (the relator) challenges both the dismissal of his qui tam action and the antecedent denial of leave to further amend his complaint. For obvious reasons, we consider the second challenge first. That ...
U.S. ex rel. D’Agostino v. EV3, Inc., 2015 U.S. App. LEXIS 17214 (1st Cir. Sept. 30, 2015): Plaintiff-appellant Jeffrey D'Agostino (the relator) challenges both the dismissal of his qui tam action and the antecedent denial of leave to further amend…
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Must the SEC Plead and Prove Scienter in a Deceit-of-Auditors Case under 17 C.F.R. § 240.13b2-2 — Circuit Split

SEC v. Goldstone, 2015 U.S. Dist. LEXIS 116847 (D. N.M. Aug. 22, 2015): 5. Deceit-of-Auditors Claims. Exchange Act rule 13b2-2 "provides that directors or officers shall not make or cause to be made a materially misleading statement or omission to an accountant in connection with SEC filings, among other t ...
SEC v. Goldstone, 2015 U.S. Dist. LEXIS 116847 (D. N.M. Aug. 22, 2015): 5. Deceit-of-Auditors Claims. Exchange Act rule 13b2-2 "provides that directors or officers shall not make or cause to be made a materially misleading statement or omission…
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Facebook Messages from Quadriplegic Authenticated by Testimony He Can Operate Cell Phone, Text & Use Facebook, Participant in Conversation Recognized His Facebook Account & Messages Matched His Manner of Communicating

United States v. Barnes, 2015 U.S. App. LEXIS 17222 (5th Cir. Sept. 30, 2015): Martel Torres Barnes ("Barnes"), Roger Randale Jones ("Jones"), and Kentorre D. Hall ("Hall") (collectively, the "Appellants") were charged in a superseding indictment with: (1) conspiracy to possess with intent to di ...
United States v. Barnes, 2015 U.S. App. LEXIS 17222 (5th Cir. Sept. 30, 2015): Martel Torres Barnes ("Barnes"), Roger Randale Jones ("Jones"), and Kentorre D. Hall ("Hall") (collectively, the "Appellants") were charged in a superseding indictment with: (1) conspiracy to…
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Judicial Notice of Internet Evidence — Court May Take Notice of Fact News Articles Published But Not Substance — Same for Government Records in California

Inewsource v. Superior Court, 2015 Cal. App. Unpub. LEXIS 3629 (Cal. Ct. App. May 26, 2015): Petitioner inewsource seeks disclosure of documents from real party in interest North County Transit District (the District) under the California Public Records Act (PRA). (Gov. Code, 6250 et seq.)[1] The documents at issue reflect th ...
Inewsource v. Superior Court, 2015 Cal. App. Unpub. LEXIS 3629 (Cal. Ct. App. May 26, 2015): Petitioner inewsource seeks disclosure of documents from real party in interest North County Transit District (the District) under the California Public Records Act (PRA).…
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Are Attorney’s Fees and Not Just Costs Awardable under Fed. R. Civ. P. 41(d) for a Prior Action That Was Voluntarily Dismissed and Based on Or Including the Same Claim Against the Same Defendant? — Circuit Split

Raniolo v. Southport, LLC, 2015 U.S. Dist. LEXIS 116047 (E.D. Mo. Sept. 1, 2015): This matter comes before the Court on Plaintiffs' Petition and Request for Attorneys' Fees and Costs [ECF No. 24] and Defendants' Memo of Costs [ECF No. 29]. I.  FACTUAL BACKGROUND This lawsuit ...
Raniolo v. Southport, LLC, 2015 U.S. Dist. LEXIS 116047 (E.D. Mo. Sept. 1, 2015): This matter comes before the Court on Plaintiffs' Petition and Request for Attorneys' Fees and Costs [ECF No. 24] and Defendants' Memo of Costs [ECF No.…
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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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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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