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

YouTube Admissibility — Admission of Defendant’s Words in Video, However Accomplished, Violates Crawford Confrontation

State v. Patton, 2015 Ohio App. LEXIS 1783 (Ohio Ct. App. May 15, 2015): [*P1]  Daurin Patton, appeals a December 10, 2012 judgment of conviction and sentence of the Lucas County Court of Common Pleas on two counts of aggravated murder with two accompanying firearms specifications and one count of aggravated robbery. The aggravated m ...
State v. Patton, 2015 Ohio App. LEXIS 1783 (Ohio Ct. App. May 15, 2015): [*P1]  Daurin Patton, appeals a December 10, 2012 judgment of conviction and sentence of the Lucas County Court of Common Pleas on two counts of aggravated…
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§ 1927 Sanctions Affirmed for Issuing Trial Subpoena after Court Has Precluded Deposition of Same Apex Witness and While Motion to Compel Witness’s Attendance at Trial Is Pending

Wagner v. Gallup, Inc., 2015 U.S. App. LEXIS 9856 (8th Cir. June 12, 2015): Rodd Wagner appeals various district court decisions, the sum total of which limited matters of discovery, imposed sanctions on Wagner's attorney and ultimately dismissed Wagner's age discrimination and appropriation claims. We affirm. I ...
Wagner v. Gallup, Inc., 2015 U.S. App. LEXIS 9856 (8th Cir. June 12, 2015): Rodd Wagner appeals various district court decisions, the sum total of which limited matters of discovery, imposed sanctions on Wagner's attorney and ultimately dismissed Wagner's age…
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Facebook Post Authenticated by Its Content, Timing, Appended Name, Witness Testimony She Recognizes Page as Alleged Author’s & Fact Page Is Password Protected — There Are as Many Ways to Try a Case as There Are Trial Lawyers (Good Quote)

State v. Fawver, 2015 Wash. App. LEXIS 1208 (Wash. Ct. App. June 9, 2015): Corey Fawver challenges his convictions for first degree burglary and second degree assault, alleging both that his counsel's performance was flawed and the evidence did not support the assault conviction. We disagree and affirm. FACTS
State v. Fawver, 2015 Wash. App. LEXIS 1208 (Wash. Ct. App. June 9, 2015): Corey Fawver challenges his convictions for first degree burglary and second degree assault, alleging both that his counsel's performance was flawed and the evidence did not…
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Appeals — Liberal Construction of Pro Se Notice of Appeal — Discovery Sanctions/Due Process — Fact That Agreement Is Unsigned Does Not Make It Per Se Inadmissible (Good Quote) — Standards of Review of Damages Determinations

Chen v. Chan, 2015 U.S. App. LEXIS 9271 (2d Cir. June 4, 2015): Appellant Wai Yin Chan appeals from a judgment of the district court awarding damages to the plaintiffs on their claims under the New York Labor Law ("NYLL"). Chan asserts that the district court erred by (1) excluding evidence of a purported settlement agreemen ...
Chen v. Chan, 2015 U.S. App. LEXIS 9271 (2d Cir. June 4, 2015): Appellant Wai Yin Chan appeals from a judgment of the district court awarding damages to the plaintiffs on their claims under the New York Labor Law ("NYLL").…
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Rooker-Feldman Doesn’t Bar Federal Jurisdiction over Independent Claim, Even If It Denies a Legal Conclusion State Court Reached — Plaintiff Must Seek Relief That Directly Attacks the Validity of a State Court Judgment

Avdeef v. Royal Bank of Scotland, PLC, 2015 U.S. App. LEXIS 9498 (5th Cir. June 8, 2015): 1.  The Rooker-FeldmanDoctrine The Rooker-Feldman doctrine occupies "narrow ground": it bars only "cases brought by state-court ...
Avdeef v. Royal Bank of Scotland, PLC, 2015 U.S. App. LEXIS 9498 (5th Cir. June 8, 2015): 1.  The Rooker-FeldmanDoctrine The Rooker-Feldman doctrine occupies "narrow ground": it bars only "cases brought by state-court losers complaining of injuries caused by state-court …
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Facebook Authentication — Sufficient Where Party Admits Making One Post; Later Posts Refer Back to It; No Evidence Anyone Else Had Access to Facebook Account — Statements on Facebook Page = Party Admissions

Matter of MC v. State, 2015 Nev. Unpub. LEXIS 646 (Nev. Sup. Ct. Feb. 26, 2015): North Las Vegas Police monitored the Facebook activity of approximately 130 individuals by befriending them under a fictitious name. M.C. was one of the individuals monitored. North Las Vegas Police Officer Richard Arnold found a two-day- ...
Matter of MC v. State, 2015 Nev. Unpub. LEXIS 646 (Nev. Sup. Ct. Feb. 26, 2015): North Las Vegas Police monitored the Facebook activity of approximately 130 individuals by befriending them under a fictitious name. M.C. was one of…
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Motion for Reconsideration Precludes Mandamus — Mandamus Doesn’t Lie Where There Is Another Adequate Means to Obtain the Relief Sought — May Not Be Used to Circumvent Rule 54(b) or As a Substitute for Appeal

In re Ingris, 2015 U.S. App. LEXIS 3634 (3d Cir. Mar. 9, 2015):  Peter Ingris has filed a petition for writ of mandamus. For the reasons that follow, we will deny the petition. Ingris is a litigant in a number of cases in the United States District Court for the District of New Jersey. In this petition, he seeks a writ of mand ...
In re Ingris, 2015 U.S. App. LEXIS 3634 (3d Cir. Mar. 9, 2015):  Peter Ingris has filed a petition for writ of mandamus. For the reasons that follow, we will deny the petition. Ingris is a litigant in a number…
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Discovery Sanctions — 4-Factor Test for Rule 37(b) Dismissal (6th Circuit) — Meaning of Contumaciousness and Prejudice — Allocation between Lawyer & Client — Continuing Failure to Make Discovery after New Counsel Hired = Client Fault

Barron v. Univ. of Mich., 2015 U.S. App. LEXIS 9188 (6th Cir. May 29, 2015): A. Rule 37(b) Dismissal We review a district court's dismissal of an action under Federal Rule of Civil Procedure 37(b) for an abuse of discretion. Univ. Health Grp. v. Allstate Ins. Co., 703 F.3d 953, 955-56 (6th Cir. 201 ...
Barron v. Univ. of Mich., 2015 U.S. App. LEXIS 9188 (6th Cir. May 29, 2015): A. Rule 37(b) Dismissal We review a district court's dismissal of an action under Federal Rule of Civil Procedure 37(b) for an abuse of discretion.…
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Chat Log Sufficiently Authenticated by Use of Name Defendant Also Used in Email Address, by Multiple References to His Email Address and by Defendant’s Self-Identification — Identity Is Jury Question (Rule 104(b))

United States v. Masters, 2015 U.S. App. LEXIS 9243 (9th Cir. June 3, 2015): Defendant Ryan Masters appeals his conviction for four counts of possession of 15 or more counterfeit or unauthorized access devices in violation of 18 U.S.C. § 1029(a)(3) and (c)(1)(A)(i), one count of conspiracy to possess such devices in violation of 18 U ...
United States v. Masters, 2015 U.S. App. LEXIS 9243 (9th Cir. June 3, 2015): Defendant Ryan Masters appeals his conviction for four counts of possession of 15 or more counterfeit or unauthorized access devices in violation of 18 U.S.C. §…
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Email Authentication — Gmails Are Not Google Business Records And Are Only Self-Authenticating Through 902(11) Certification from Google Custodian of Records Once the Underlying Emails Are Tied to the Alleged Sender

United States v. Shah, 2015 U.S. Dist. LEXIS 73103 (E.D.N.C. June 5, 2015): This matter comes before the court on the government's motion in limine for pretrial determination of the admissibility of certain evidence. (DE 52). The court, in large part, orally ruled on the government's motion at hearing, with such rulings confir ...
United States v. Shah, 2015 U.S. Dist. LEXIS 73103 (E.D.N.C. June 5, 2015): This matter comes before the court on the government's motion in limine for pretrial determination of the admissibility of certain evidence. (DE 52). The court, in large…
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Recent Posts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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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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