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

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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Rule 11 Sanctions OK for Advocating in Fed. Court Frivolous State Court Complaint — Res Judicata Bar — Rule 38 Inapt for Discretionary Sanctions Review — Frivolous as Argued vs. Frivolous as Filed Appeals

Meyer v. U.S. Bank N.A., 2015 U.S. App. LEXIS 11595 (8th Cir. July 6, 2015): In June 2003, David and Nancy Meyer signed a revolving credit note and revolving credit agreement and later signed a series of term notes and term loan agreements to obtain loans from U.S. Bank to finance their swine production business. In October 2006, the ...
Meyer v. U.S. Bank N.A., 2015 U.S. App. LEXIS 11595 (8th Cir. July 6, 2015): In June 2003, David and Nancy Meyer signed a revolving credit note and revolving credit agreement and later signed a series of term notes and…
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RICO — Extraterritoriality of RICO Aside, No Hobbs Act or Money Laundering Predicates If Misconduct Abroad — Political Question Doctrine Doesn’t Bar Adjudicating Acts of Foreign Sovereign Subject to U.S. Territorial Jurisdiction

Hourani v. Mirtchev, 2015 U.S. App. LEXIS 13342 (D.C. Cir. July 31, 2015): Two Kazakh businessmen claim that the daughter of the President of Kazakhstan extorted hundreds of millions of dollars' worth of their business assets in Kazakhstan. She did so, they claim, with the help of the defendants in this case, Alexander Mirtchev an ...
Hourani v. Mirtchev, 2015 U.S. App. LEXIS 13342 (D.C. Cir. July 31, 2015): Two Kazakh businessmen claim that the daughter of the President of Kazakhstan extorted hundreds of millions of dollars' worth of their business assets in Kazakhstan. She did…
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Appellate Sanctions — FRAP 38: Result Obvious, No Arguable Merit or Shred of Evidence — No Bad Faith Cuts Against Sanctions — §1927: Bad Faith = Recklessly Frivolous Arg. or Meritorious Arg. to Harass or Breach Duty of Candor to Court

Blixseth v. Yellowstone Mountain Club, LLC, 2015 U.S. App. LEXIS 13559 (9th Cir. Aug. 4, 2015): In a recusal motion, Timothy Blixseth and his attorneys hurled [*3]  nineteen accusations of misconduct at a bankruptcy judge who had ruled against Blixseth. In a forty-seven page opinion, the judge found the accusations to be meri ...
Blixseth v. Yellowstone Mountain Club, LLC, 2015 U.S. App. LEXIS 13559 (9th Cir. Aug. 4, 2015): In a recusal motion, Timothy Blixseth and his attorneys hurled [*3]  nineteen accusations of misconduct at a bankruptcy judge who had ruled against Blixseth. …
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Email Authentication — Testimony from (i) Recipient That Deceased Sent Message and (ii) Third Party That He Discussed Substance with Decedent Suffices — No Hearsay Problem when Offered for Effect on the Listener

Meyer v. Callery Conway Mars HV, Inc., 2015 U.S. Dist. LEXIS 937 (W.D. Pa. Jan. 5, 2015): This case centers on allegations that John Meyer was unlawfully discharged by his employer because of his age. The Defendant employer says that Meyer was lawfully fired because he directed the repair of a machine in a way that could have ...
Meyer v. Callery Conway Mars HV, Inc., 2015 U.S. Dist. LEXIS 937 (W.D. Pa. Jan. 5, 2015): This case centers on allegations that John Meyer was unlawfully discharged by his employer because of his age. The Defendant employer says that …
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YouTube Video Offered to Prove Gang Membership Authenticated by Police Gang Expert’s Identification of Defendant’s Use of Gang Signs, Colors & Vocabulary, Tentative Identification of Gang Location, and Contents of Defendant’s Interview

People v. Andrews, 2015 Cal. App. Unpub. LEXIS 3795 (Cal. Ct. App. May 28, 2015): Appellant Michael Andrews was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code section 187, subdivision (a), one count of premeditated attempted murder in violation of Penal Code sections 187 and 664 and o ...
People v. Andrews, 2015 Cal. App. Unpub. LEXIS 3795 (Cal. Ct. App. May 28, 2015): Appellant Michael Andrews was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code section 187, subdivision (a),…
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Experts — Abusive Supplementation of Report — Rule 37(c) Exclusion of New Damages Evidence and Theories That Constituted Not Mere Supplementation But Untimely New Opinion

Munchkin, Inc. v. Playtex Products, LLC, 2015 U.S. App. LEXIS 13424 (9th Cir. July 31, 2015): The district court also acted within its discretion when it determined that Munchkin failed to comply with its obligations under Fed. R. Civ. P. 26 and when it fashioned an exclusion sanction [*3]  pursuant to Fed R. Civ. P. 37. Alth ...
Munchkin, Inc. v. Playtex Products, LLC, 2015 U.S. App. LEXIS 13424 (9th Cir. July 31, 2015): The district court also acted within its discretion when it determined that Munchkin failed to comply with its obligations under Fed. R. Civ. P. …
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Spoliation — In Diversity, Federal Law Governs Adverse Inference — Factors (8th Cir.) — Since a Purpose Is to Shift Burden to Spoliator, No Instruction Against Defendant’s Insurer Where Defendant Has Assigned Rights to Plaintiff

Burris v. Gulf Underwriters Ins. Co., 2015 U.S. App. LEXIS 8707 (8th Cir. May 27, 2015): Lowell and Joyce Burris (jointly "Burris") appeal the district court's1denial of their motion for a new trial following a jury verdict in favor of Gulf Underwriters Insurance Company ("Gulf"). We affirm. I. < ...
Burris v. Gulf Underwriters Ins. Co., 2015 U.S. App. LEXIS 8707 (8th Cir. May 27, 2015): Lowell and Joyce Burris (jointly "Burris") appeal the district court's1denial of their motion for a new trial following a jury verdict in favor of…
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Inherent Power Sanctions — Standards for Bad Faith Are Necessarily Stringent, and a Party Should Not Be Penalized for Maintaining an Aggressive Litigation Position (Good Quote) — How Frivolous Must an Argument Be to Suggest Bad Faith?

Fortune v. Taylor Fortune Grp, LLC, 2015 U.S. App. LEXIS 13788 (5th Cir. Aug. 4, 2015): We next consider Fortune Louisiana's motion for sanctions. "[F]ederal courts possess inherent power to assess attorney's fees and litigation costs when the losing party has 'acted in bad faith, vexatiously, wantonly ...
Fortune v. Taylor Fortune Grp, LLC, 2015 U.S. App. LEXIS 13788 (5th Cir. Aug. 4, 2015): We next consider Fortune Louisiana's motion for sanctions. "[F]ederal courts possess inherent power to assess attorney's fees and litigation costs when the losing party …
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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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