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

Facebook Authentication — Alleged Author’s Admission That One Facebook Account Was Hers and That She Wrote One Comment over Her Web Name on Another’s Account Authenticated All Comments Attributed to Her on Both Accounts

Donley v. Donley, 2015 Ark. App. 496, 2015 Ark. App. LEXIS 590 (2015): Temika Donley appeals the Pulaski County Circuit Court's order denying her petition to terminate Lakitcher ("Kisha") Donley's guardianship over Temika's daughter, M.B. On appeal, Temika argues that the circuit court applied the wrong legal sta ...
Donley v. Donley, 2015 Ark. App. 496, 2015 Ark. App. LEXIS 590 (2015): Temika Donley appeals the Pulaski County Circuit Court's order denying her petition to terminate Lakitcher ("Kisha") Donley's guardianship over Temika's daughter, M.B. On appeal, Temika argues that…
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Sanctions — Where Separate Motion Requirement of Rule 11 Dishonored, Sanctions Award Deemed Sua Sponte & Cannot Include Fees — Vexatious Litigant Injunction Can’t Bar Response to Sanctions Motion

Martin v. Bravenec, 2015 U.S. App. LEXIS 17406 (5th Cir. Oct. 2, 2015): Rowland J. Martin, Jr., proceeding pro se, appeals orders of the district court awarding attorney's fees to Edward Bravenec, the Law Office of McKnight and Bravenec, and 1216 West Avenue, Incorporated, under FED. R. CIV. P. 11, and striking his pleadings oppos ...
Martin v. Bravenec, 2015 U.S. App. LEXIS 17406 (5th Cir. Oct. 2, 2015): Rowland J. Martin, Jr., proceeding pro se, appeals orders of the district court awarding attorney's fees to Edward Bravenec, the Law Office of McKnight and Bravenec, and…
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Rule 11 — Factors in Deciding Whether to Sanction — Improper Purpose: Indicia, Incompetence Defense — Client Given 1 Free Pass for Frivolous Legal Argument, On Notice in Future

Jiangmen Kinwai Furniture Decoration Co. Ltd. v IHFC Properties, LLC, 2015 U.S. Dist. LEXIS 138998 (M.D.N.C. Oct. 13, 2015): This matter arose when a lawyer had something that might have become, with some thought, a decent idea, executed it badly and unsuccessfully, and responded to her own failure by submitting a terrible bri ...
Jiangmen Kinwai Furniture Decoration Co. Ltd. v IHFC Properties, LLC, 2015 U.S. Dist. LEXIS 138998 (M.D.N.C. Oct. 13, 2015): This matter arose when a lawyer had something that might have become, with some thought, a decent idea, executed it badly …
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A Motion for Reconsideration Is Not a Vehicle for Relitigating Old Issues, Presenting New Theories, Securing a Rehearing on the Merits or Otherwise Taking a Second Bite of the Apple — Good Quote

In re Adelphia Commc’ns Corp. Secs. & Deriv. Litig., 2015 U.S. Dist. LEXIS 6823 (S.D.N.Y. Jan. 21, 2015): [A] motion for reconsideration "is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on the merits or otherwise taking a second bite at the apple."
In re Adelphia Commc’ns Corp. Secs. & Deriv. Litig., 2015 U.S. Dist. LEXIS 6823 (S.D.N.Y. Jan. 21, 2015): [A] motion for reconsideration "is not a vehicle for relitigating old issues, presenting the case under new theories, securing a rehearing on …
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Inherent Power Sanctions for Witness Tampering — Factors — Range of Available Sanctions

Michael v Boutwell, 2015 U.S. Dist. LEXIS 136838 (N.D. Miss. Oct. 7, 2015): As stated above, there are three motions currently pending in this action: (1) Defendants' motion to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, or for summary judgment, Doc. #59; (2) Plaintiffs' m ...
Michael v Boutwell, 2015 U.S. Dist. LEXIS 136838 (N.D. Miss. Oct. 7, 2015): As stated above, there are three motions currently pending in this action: (1) Defendants' motion to dismiss for failure to state a claim under Rule 12(b)(6) of…
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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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Recent Posts

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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)

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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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