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

Is the Cost of Bates Stamping Taxable under 28 U.S.C. § 1920? Circuit Split — Video Dep Fees Taxable If Incurred Close to Trial, for Unavailable Witnesses — Cost of Burning Docs onto Disk Taxable under 2008 Amendment

Azdel v C&D Zodiac, Inc., 2015 U.S. Dist. LEXIS 39329 (W.D. Va. Feb. 18, 2015): a. Videographer Fees C&D first seeks costs for obtaining video recordings of the depositions of witnesses who could not be subpoenaed and would not voluntarily come to trial. C&D requested videotaped depositions for three necessary ...
Azdel v C&D Zodiac, Inc., 2015 U.S. Dist. LEXIS 39329 (W.D. Va. Feb. 18, 2015): a. Videographer Fees C&D first seeks costs for obtaining video recordings of the depositions of witnesses who could not be subpoenaed and would not voluntarily…
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“Witnesses Cannot Refuse to Answer Questions Merely Because They Choose Not to — There Is No Opt-Out Box on a Subpoena” — Judicial Options, from Pillow to Sledgehammer — Judge Must Actually Exercise Discretion — Good Quotes

Barnett v. Norman, 2015 U.S. App. LEXIS 5145 (9th Cir. Mar. 31, 2015): Prisoner Troas Barnett appeals a jury verdict that rejected his pro se § 1983 claims of excessive force by prison guards. On appeal and now with assistance of counsel, Barnett contends that the trial court abused its discretion by permitting three prisoner-witness ...
Barnett v. Norman, 2015 U.S. App. LEXIS 5145 (9th Cir. Mar. 31, 2015): Prisoner Troas Barnett appeals a jury verdict that rejected his pro se § 1983 claims of excessive force by prison guards. On appeal and now with assistance…
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Rule 804(b)(6) — Hearsay Exception — Forfeiture by Wrongdoing — Applies to Conspirator A Who Didn’t Directly Procure Witness’s Unavailability Where Conspirator B Did So in Course & Scope of Conspiracy and Misconduct Was Reasonably Foreseeable

United States v. Cazares, 2015 U.S. App. LEXIS 7949 (9th Cir. May 14, 2015): A jury found defendants Fernando Cazares, Gilbert Saldana, Alejandro Martinez, and Porfirio Avila guilty of violating 18 U.S.C. § 241 by conspiring [*5]  to intimidate African-American citizens in the Highland Park neighborhood of ...
United States v. Cazares, 2015 U.S. App. LEXIS 7949 (9th Cir. May 14, 2015): A jury found defendants Fernando Cazares, Gilbert Saldana, Alejandro Martinez, and Porfirio Avila guilty of violating 18 U.S.C. § 241 by conspiring [*5]  to intimidate African-American…
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RICO — Municipal Entities Immune: Not Able to Form Mens Rea, Not Liable for Treble Damages (Which Are at Least Partly Punitive) — Fact of Loss, Not Loss of Legal Entitlement, Sufficient to Show Conclusive Enough Damages

Gil Ramirez Grp., LLC v. Houston Independent Sch. Dist., 2015 U.S. App. LEXIS 8171 (5th Cir. May 18, 2015): This case, involving multiple causes of action based on allegations of bribery to procure construction contracts, was filed against Houston Independent School District ("HISD" or "the District"), form ...
Gil Ramirez Grp., LLC v. Houston Independent Sch. Dist., 2015 U.S. App. LEXIS 8171 (5th Cir. May 18, 2015): This case, involving multiple causes of action based on allegations of bribery to procure construction contracts, was filed against Houston Independent …
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No Spoliation Unless Person Was on Notice That Evidence Was Potentially Relevant to Litigation Before It Was Destroyed

Salas v. Independent Elec. Contractors Inc., 2015 U.S. App. LEXIS 7957 (9th Cir. May 14, 2015): 7.  The district court's finding of no spoliation is not clearly erroneous. Salas made no showing that IES or IEC destroyed [*4]  evidence, much less that they engaged in such destruction because the evidence was potentially relevant t ...
Salas v. Independent Elec. Contractors Inc., 2015 U.S. App. LEXIS 7957 (9th Cir. May 14, 2015): 7.  The district court's finding of no spoliation is not clearly erroneous. Salas made no showing that IES or IEC destroyed [*4]  evidence, much…
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Judicial Notice of Internet Evidence — Party’s Website — to Determine Personal Jurisdiction — Corporate Website’s Listing of Locations Presumptively Accurate

Allphin v. Peter K. Fitness, LLC, 2014 U.S. Dist. LEXIS 171711 (N.D. Cal. Dec. 11, 2014): This case arises out of a strict products liability claim by Plaintiff, who contends she was injured while using a defective fitness band. Presently before the Court is a motion brought by third-party and cross-claim defendant Ideal Jacobs (Malay ...
Allphin v. Peter K. Fitness, LLC, 2014 U.S. Dist. LEXIS 171711 (N.D. Cal. Dec. 11, 2014): This case arises out of a strict products liability claim by Plaintiff, who contends she was injured while using a defective fitness band. Presently…
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Facebook Messages Linked to Defendant by Showing That Account Is Registered to His Email Address & Used Screen Name Associated with Him, and Messages Included Self-Identification and Use of His Nickname — Thus All = Admissions

United States v. Brinson, 772 F.3d 1314 (10th Cir. 2014): Mr. Tarran Brinson was charged with various offenses involving trafficking in child prostitution. At trial, the prosecutor presented expert testimony on the operation of child prostitution rings, testimony by three men who had sex with a prostitute, and evidence consisting of e ...
United States v. Brinson, 772 F.3d 1314 (10th Cir. 2014): Mr. Tarran Brinson was charged with various offenses involving trafficking in child prostitution. At trial, the prosecutor presented expert testimony on the operation of child prostitution rings, testimony by three…
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Judicial Notice of Internet Evidence — Notice of Report of Citizens Commission Appointed by L.A. County Board of Commissioners As Downloaded from County Website, Bearing County Seal — Not Hearsay Per 803(8)

Shorter v. Baca, 2015 U.S. Dist. LEXIS 53019 (C.D. Cal. April 21, 2015): This case arises from the alleged mistreatment of Plaintiff Lecia Shorter, while incarcerated [*2]  for a 32-day period as a pretrial detainee. While in the County's custody, Shorter alleges that Defendants denied her needed medical care, su ...
Shorter v. Baca, 2015 U.S. Dist. LEXIS 53019 (C.D. Cal. April 21, 2015): This case arises from the alleged mistreatment of Plaintiff Lecia Shorter, while incarcerated [*2]  for a 32-day period as a pretrial detainee. While in the County's custody,…
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Removal — Is It Sufficient If One Defendant’s Timely Removal Notice States That All Others Consent? — Circuit Split — Rule 11 As Reason to Permit Removal on This Basis — Failure to Object ≠ Consent

Griffioen v. Cedar Rapids & Ioaw City Rwy., 2015 U.S. App. LEXIS 7528 (8th Cir. May 7, 2015): I. The Griffioen Group brought a putative class action in Iowa state court against Union Pacific, Cedar Rapids and Iowa City Railway Co. and Alliant Energy Corp. (collectively, CRANDIC), and ten additional defe ...
Griffioen v. Cedar Rapids & Ioaw City Rwy., 2015 U.S. App. LEXIS 7528 (8th Cir. May 7, 2015): I. The Griffioen Group brought a putative class action in Iowa state court against Union Pacific, Cedar Rapids and Iowa City Railway …
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Experts — Untimely Supplemental Report Harmless Where Expert Deposed on Subject Matter Before It Issued & Opponent Didn’t Request Another Dep — Judicial Notice of Internet Evidence — No Error in Refusing to Notice Google Maps Printout

Jackson v. Allstate Ins. Co., 2015 U.S. App. LEXIS 7529 (8th Cir. May 7, 2015): After a fire of incendiary origin destroyed her house, Patricia Jackson sued Allstate Insurance Company for denying her claim on a homeowner's insurance policy. Allstate asserted that Jackson's coverage was void because she burned the house or caus ...
Jackson v. Allstate Ins. Co., 2015 U.S. App. LEXIS 7529 (8th Cir. May 7, 2015): After a fire of incendiary origin destroyed her house, Patricia Jackson sued Allstate Insurance Company for denying her claim on a homeowner's insurance policy. Allstate…
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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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