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

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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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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Recent Posts

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

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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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