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

Arbitration — After Granting Motion to Compel, May Court Dismiss or Must It Enter a Stay? — Circuit Split — Second Circuit Holds Dismissal Improper, Confers Right to Appeal That Congress Withheld

Katz v. Cellco P’ship, DBA Verizon Wireless, 2015 U.S. App. LEXIS 13055 (2d Cir. July 28, 2015): In an effort to more efficiently manage their dockets, some district [*2]  courts in this Circuit will dismiss an action after having compelled arbitration pursuant to a binding arbitration agreement between the parties ...
Katz v. Cellco P’ship, DBA Verizon Wireless, 2015 U.S. App. LEXIS 13055 (2d Cir. July 28, 2015): In an effort to more efficiently manage their dockets, some district [*2]  courts in this Circuit will dismiss an action after having compelled …
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Appealability — Collateral Order Doctrine: Factors — Importance of Issue Critical — Types of Orders Within & Outside Doctrine — 1292(a)(1) Jurisdiction: Interpretation vs. Modification of Injunction (Only Latter Appealable)

In re Deepwater Horizon, 2015 U.S. App. LEXIS 12299 (5th Cir. July 15, 2015): In May 2012, BP Exploration & Production Inc. ("BP") and related entities reached a settlement with a class of individuals who suffered economic and property damage after the Deepwater Horizon incident. That settlement agreement establi ...
In re Deepwater Horizon, 2015 U.S. App. LEXIS 12299 (5th Cir. July 15, 2015): In May 2012, BP Exploration & Production Inc. ("BP") and related entities reached a settlement with a class of individuals who suffered economic and property damage …
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Spoliation — Cleaning Up Oily Substance on Which Plaintiff Fell May Support Sanction — Substance Relevant to Claim of Defendant Proprietor/Employer’s Negligence (FELA)

Coale v. Metro North Commuter RR, 2015 U.S. App. LEXIS 11990 (2d Cir. July 13, 2015): Plaintiff William Coale, a former assistant conductor for Metro-North Commuter Railroad Co. ("Metro-North"), appeals from an award of summary judgment in favor of defendant Metro-North on Coale's Federal Employers' Liability Act (&q ...
Coale v. Metro North Commuter RR, 2015 U.S. App. LEXIS 11990 (2d Cir. July 13, 2015): Plaintiff William Coale, a former assistant conductor for Metro-North Commuter Railroad Co. ("Metro-North"), appeals from an award of summary judgment in favor of defendant…
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Text Message Admissible as Spontaneous (Excited) Utterance (803(2)) — Speed with Which Texts Typed May Essentially = Verbalizing — More Texts Sent by Cell Than Voice Minutes Used — Spontaneity of Texts > Other Writings

Commonwealth v Mulgrave, 2015 Mass. LEXIS 472 (Sup. Jud. Court July 13, 2015): In March, 2012, a Superior Court jury convicted the defendant, Craig Mulgrave, of murder in the first degree on the theory of extreme atrocity or cruelty in the stabbing death of his wife, Christina Mulgrave.1 On appeal the defendant asserts that ...
Commonwealth v Mulgrave, 2015 Mass. LEXIS 472 (Sup. Jud. Court July 13, 2015): In March, 2012, a Superior Court jury convicted the defendant, Craig Mulgrave, of murder in the first degree on the theory of extreme atrocity or cruelty in…
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Complaints — A Primer on Shotgun Pleading — Rules 8(a)(2) and 10(b) — Extensive Case Citations on the Four Types of Impermissible Shotgun Pleading, Including Incorporating All Prior Allegations & Counts — Defendants’ Duties

Weiland v. Palm Beach Cnty. Sheriff’s Office, 2015 U.S. App. LEXIS 11750 (11th Cir. July 8, 2015): Nearly one hundred and thirty years ago, one of Georgia's greatest judges described the ideal in pleading:    Pleading is pure statement; just as much as a letter addressed to your sweetheart or ...
Weiland v. Palm Beach Cnty. Sheriff’s Office, 2015 U.S. App. LEXIS 11750 (11th Cir. July 8, 2015): Nearly one hundred and thirty years ago, one of Georgia's greatest judges described the ideal in pleading:    Pleading is pure statement; just as…
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Appeal of Denial of Intervention Not Mooted by Settlement of Action (Circuit Split) — RICO & Equitable Tolling (Extraordinary Remedy in 4th Cir.) — Dismissal of Identical Action No Excuse for Not Filing — Mental Impairment & Right to Hearing

CVLR Performance Horses, Inc. v. Marsh, 2015 U.S. App. LEXIS 11819 (4th Cir. July 9, 2015): In November 2013, Appellants Karen Foster and Vicki Marsh sought to intervene as plaintiffs in a civil RICO action brought by CVLR Performance Horses, Inc. against John Wynne and his businesses. The district court denied the motions, fi ...
CVLR Performance Horses, Inc. v. Marsh, 2015 U.S. App. LEXIS 11819 (4th Cir. July 9, 2015): In November 2013, Appellants Karen Foster and Vicki Marsh sought to intervene as plaintiffs in a civil RICO action brought by CVLR Performance Horses, …
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When Complaint Is Frivolous, Court May Decide 12(b)(6) Motion before 12(b)(1) (Subject Matter Jurisdiction) — Iqbal Improbability Tips into Frivolousness when Claims Are Sufficiently Fantastic as to Defy Reality (Good Quotes)

Guthrie v. U.S. Government, 2015 U.S. App. LEXIS 12248 (11th Cir. July 1, 2015): Plaintiff-appellant Randolph Guthrie ("Guthrie"), proceeding pro se, appeals the district court's dismissal of his pro se sixth amended complaint alleging 98 counts under the common law, Federal Tort Claims Act ("FTCA& ...
Guthrie v. U.S. Government, 2015 U.S. App. LEXIS 12248 (11th Cir. July 1, 2015): Plaintiff-appellant Randolph Guthrie ("Guthrie"), proceeding pro se, appeals the district court's dismissal of his pro se sixth amended complaint alleging 98 counts under the common law,…
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FRAP 38 and § 1927 — Appellate Sanctions “Can Be a Valuable Tool for Dissuading Knee-Jerk Appeals or Appeals Intended Simply to Delay Enforcement of Judgment” (Good Quote)

Weiner v. Original Talk Radio Network, Inc., 2015 U.S. App. LEXIS 12389 (9th Cir. July 17, 2015):  The Original Talk Radio Network, Inc. (OTRN) appeals the district court's confirmation of an arbitration panel's award in favor of Dr. Michael A. Weiner, known on-air as "Michael Savage" (Weiner). OTRN syndicated Weine ...
Weiner v. Original Talk Radio Network, Inc., 2015 U.S. App. LEXIS 12389 (9th Cir. July 17, 2015):  The Original Talk Radio Network, Inc. (OTRN) appeals the district court's confirmation of an arbitration panel's award in favor of Dr. Michael A.…
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Texts Authenticated by Defendant’s Admissions That He Frequently Exchanged Messages with Alleged Recipient and That He Owned Cell Phone to and from Which Texts Were Exchanged with Her

State v. Spaulding, 2015 W. Va. LEXIS 819 (W. Va. Sup. Ct. June 22, 2015): Petitioner John Daniel Spaulding, by counsel Harold B. Wolfe III, appeals the order of the Circuit Court of Mercer County, entered on June 23, 2014, denying his motion for a new trial and adjudging him guilty of three counts of first-degree sexual assault and f ...
State v. Spaulding, 2015 W. Va. LEXIS 819 (W. Va. Sup. Ct. June 22, 2015): Petitioner John Daniel Spaulding, by counsel Harold B. Wolfe III, appeals the order of the Circuit Court of Mercer County, entered on June 23, 2014,…
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Sanctions — Appealability — Cunningham’s Bar of Interlocutory Review of Sanctions Orders, Including Those Sanctioning Withdrawn Counsel, Applies in Criminal as Well as Civil Cases

United States v. Haynes, 2015 U.S. App. LEXIS 12354 (8th Cir. July 17, 2015): Teresa Lynette Bloodman withdrew as Laquan Darell Haynes's attorney in a criminal case. The magistrate judge ordered her to return discovery material "as soon as possible." She returned it thirty-four days later. The judge sanctioned he ...
United States v. Haynes, 2015 U.S. App. LEXIS 12354 (8th Cir. July 17, 2015): Teresa Lynette Bloodman withdrew as Laquan Darell Haynes's attorney in a criminal case. The magistrate judge ordered her to return discovery material "as soon as possible." …
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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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