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 Injury — Alleged Attempts to Intimidate and Interfere with Plaintiff’s Efforts to Litigate Claims for, and as Next Friend of, Incapacitated Individual Fail to State RICO Injury

Jones v. Griggs, 2015 U.S. App. LEXIS 14323 (7th Cir. Aug. 14, 2015): In these two appeals (which we consolidate for disposition), Earl Key seeks to litigate claims on behalf of April Jones, who suffers from early-onset Huntington's disease and was adjudicated incompetent by state and federal courts. (Huntington&# ...
Jones v. Griggs, 2015 U.S. App. LEXIS 14323 (7th Cir. Aug. 14, 2015): In these two appeals (which we consolidate for disposition), Earl Key seeks to litigate claims on behalf of April Jones, who suffers from early-onset Huntington's disease and …
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Not Quite Judicial Notice of Internet Evidence, But Considering It Nonetheless — 7th Circuit Debates Propriety of Appellate Internet Research Considered But Not Judicially Noticed in Overturning Summary Judgment

Rowe v. Gibson, 2015 WL 4934970 (7th Cir. Aug. 19, 2015) *1 An Indiana prison inmate named Jeffrey Rowe, the plaintiff in this suit under
Rowe v. Gibson, 2015 WL 4934970 (7th Cir. Aug. 19, 2015) *1 An Indiana prison inmate named Jeffrey Rowe, the plaintiff in this suit under 42 U.S.C. § 1983, charges administrators and prison staff (actually employees of Corizon,…
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Sanctions — When Due Process Requires Particularized Notice of Type & Severity of Sanction — Good Quotes on Reputation, Breadth & Limits of Discretion — Jones Day Deposition Sanctions Reversed (30(d)(2))

Security National Bank of Sioux City, IA v. Abbott Labs., 2015 U.S. App. LEXIS 15122 (8th Cir. Aug. 27, 2015): Security National Bank of Sioux City, Iowa, acting as conservator for minor J.M.K., brought this products liability action against Abbott Laboratories, alleging that Abbott's baby formula caused permanent brain damage to ...
Security National Bank of Sioux City, IA v. Abbott Labs., 2015 U.S. App. LEXIS 15122 (8th Cir. Aug. 27, 2015): Security National Bank of Sioux City, Iowa, acting as conservator for minor J.M.K., brought this products liability action against Abbott…
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Line Between Civil & Criminal Contempt “Is Not Always Clear” — Non-Compensatory Sanctions Can’t Be Greater Than Needed to Ensure Compliance & Not So Excessive as to Be Punitive — Punitive Sanctions Require Callous Disregard (Good Quotes)

In re McLean (Green Point Credit, LLC v. McLean), 2015 U.S. App. LEXIS 12736 (11th Cir. July 23, 2015): Green Point Credit, LLC and Green Tree Servicing LLC (collectively, "Green Tree") appeal the judgment the district court entered in its role as bankruptcy appellate court concerning an adversary proceeding that debtors Deb ...
In re McLean (Green Point Credit, LLC v. McLean), 2015 U.S. App. LEXIS 12736 (11th Cir. July 23, 2015): Green Point Credit, LLC and Green Tree Servicing LLC (collectively, "Green Tree") appeal the judgment the district court entered in its…
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Email Evidence — Residual Exception (Rule 807) — Factors for Evaluating the Trustworthiness of a Statement

People v. Brown, 2014 Colo. App. LEXIS 2170 (Colo. Ct. App. Nov. 20, 2014):  Defendant, Daryll Glenn Brown, appeals the judgment of conviction entered on jury verdicts finding him guilty of first degree murder -- felony murder, second degree murder, and burglary. We affirm the judgment and remand the case for correction of the mittim ...
People v. Brown, 2014 Colo. App. LEXIS 2170 (Colo. Ct. App. Nov. 20, 2014):  Defendant, Daryll Glenn Brown, appeals the judgment of conviction entered on jury verdicts finding him guilty of first degree murder — felony murder, second degree murder,…
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Email — Automatically-Generated Signature Block Satisfies UCC Statute of Frauds, Contractual Modification Provisions — Impact of Electric Signatures in Global Commerce Act (ESIGN Act)

Princeton Indus. Prods., Inc. v. Precision Metals Corp., 2015 U.S. Dist. LEXIS 107722 (N.D. Ill. Aug. 17, 2015): The parties in this case entered into a contract calling for plaintiff, Princeton Industrial Metals ("Princeton") to supply certain machined parts for the defendant, Precision Metals Corp. ("PMC") to use ...
Princeton Indus. Prods., Inc. v. Precision Metals Corp., 2015 U.S. Dist. LEXIS 107722 (N.D. Ill. Aug. 17, 2015): The parties in this case entered into a contract calling for plaintiff, Princeton Industrial Metals ("Princeton") to supply certain machined parts for…
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No Sanctions under Rule 11 Where Both Sides Contributed to Frivolous Filings or under Inherent Power Where Bad Faith Not Shown

Buckhorn v. Orbis Corp., 2015 U.S. App. LEXIS 11409 (Fed. Cir. July 2, 2015): Orbis Corporation and Orbis Material Handling, Inc. (collectively, "Orbis"), the defendant and prevailing party in a patent infringement suit, seeks attorney's fees against Buckhorn, Inc. ("Buckhorn"), one of the plaintiffs in the inf ...
Buckhorn v. Orbis Corp., 2015 U.S. App. LEXIS 11409 (Fed. Cir. July 2, 2015): Orbis Corporation and Orbis Material Handling, Inc. (collectively, "Orbis"), the defendant and prevailing party in a patent infringement suit, seeks attorney's fees against Buckhorn, Inc. ("Buckhorn"),…
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Attorney-Client Privilege — Advice Isn’t at Issue Merely Because It Is Relevant or May Affect a Client’s State of Mind — Opinion Work Product Enjoys a Nearly Absolute Immunity from Discovery (Good Quotes)

Smith v. Scottsdale Ins. Co., 2015 U.S. App. LEXIS 13290 (4th Cir. June 30, 2015): Levert Smith and Nelson Radford, as administrators of the Estate of Joseph Jermaine Porter (the "Estate"), appeal the district court's orders affirming the magistrate judge's denial in part of the Estate's motion to compel discover ...
Smith v. Scottsdale Ins. Co., 2015 U.S. App. LEXIS 13290 (4th Cir. June 30, 2015): Levert Smith and Nelson Radford, as administrators of the Estate of Joseph Jermaine Porter (the "Estate"), appeal the district court's orders affirming the magistrate judge's…
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Disqualification — Sixth Circuit Utilizes Hempstead Video’s Trial Taint Standard — Ethical Wall and Actual Meaning of “Of Counsel” Relationship on the Facts Preclude Finding of Conflict (Criminal Case; Consitutional Implications)

United States v. Kilpatrick, 2015 U.S. App. LEXIS 14289 (6th Cir. Aug. 14, 2015): Codefendants Kwame Kilpatrick, former mayor of Detroit, and Bobby Ferguson, a Detroit contractor, challenge their jury convictions for bribery, extortion, mail and wire fraud, RICO conspiracy, and tax evasion. The issues are whether: (1) Kilpatri ...
United States v. Kilpatrick, 2015 U.S. App. LEXIS 14289 (6th Cir. Aug. 14, 2015): Codefendants Kwame Kilpatrick, former mayor of Detroit, and Bobby Ferguson, a Detroit contractor, challenge their jury convictions for bribery, extortion, mail and wire fraud, RICO conspiracy,…
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Sanctions — Interaction of Inherent Power & Rule 15 — Denial of Timely Motion to Amend Complaint May Be an Appropriate Exercise of Inherent Power

Cole v Rich, 2015 U.S. App. LEXIS 14265 (11th Cir. Aug. 1, 2015): Plaintiff Joseph Johnson Cole, proceeding in forma pauperis and through appointed counsel, appeals the dismissal of his 42 U.S.C. § 1983 complaint. The district court sua sponte dismissed Cole's complaint with prejudice as frivolous, pursuant to 28 U.S.C. § 1915(e ...
Cole v Rich, 2015 U.S. App. LEXIS 14265 (11th Cir. Aug. 1, 2015): Plaintiff Joseph Johnson Cole, proceeding in forma pauperis and through appointed counsel, appeals the dismissal of his 42 U.S.C. § 1983 complaint. The district court sua sponte…
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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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