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

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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Judicial Notice of Internet Evidence — Noticing Contents of Corporate Website for Fact of What Is Displayed — Contract Dispute Over Proper Use of Trade Name

Saint Laurie Ltd. v Yves Saint Laurent Am., Inc., 2015 U.S. Dist. LEXIS 42621 (S.D.N.Y. Mar. 26, 2015): On September 26, 2013, Plaintiff Saint Laurie Ltd. ("Plaintiff" or "Saint Laurie") filed the present action. Plaintiff filed an Amended Complaint on December 23, 2013, [*2]  against Defendants Y ...
Saint Laurie Ltd. v Yves Saint Laurent Am., Inc., 2015 U.S. Dist. LEXIS 42621 (S.D.N.Y. Mar. 26, 2015): On September 26, 2013, Plaintiff Saint Laurie Ltd. ("Plaintiff" or "Saint Laurie") filed the present action. Plaintiff filed an Amended Complaint on…
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RICO Claims Precluded If Another Federal Statute Provides Exclusive Remedy for Misconduct — Nonfactual Allegations Fail to State Enterprise — Threadbare Recital of Elements of Claim, Supported By Conclusory Statements, Fail under Both 12(b)(6) & 9(b)

Brink v. Continental Ins. Co., 2015 U.S. App. LEXIS 9112 (D.C. Cir. June 2, 2015): Appellant Daniel Brink, joined by thirty-one other individuals, brought a class action lawsuit stemming from the workers' compensation benefits owed to class members under the Defense Base Act, [*2]  42 U.S.C. § 1651 et seq., for ...
Brink v. Continental Ins. Co., 2015 U.S. App. LEXIS 9112 (D.C. Cir. June 2, 2015): Appellant Daniel Brink, joined by thirty-one other individuals, brought a class action lawsuit stemming from the workers' compensation benefits owed to class members under the …
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Rule 11 Sanctions Order Not Final and Appealable Until Amount of Award Is Fixed — Where Leave to Amend Complaint Requested Only Informally in Brief, Court May Deny Request Implicitly by Not Addressing It

Corsini v. Condé Nast, 2015 U.S. App. LEXIS 7785 (2d Cir. May 12, 2015): IV. Rule 11 Sanctions Corsini argues that the district court abused its discretion in granting the Belkin defendants' motion for Rule 11 sanctions, because that motion was filed with the court before the expiration of the & ...
Corsini v. Condé Nast, 2015 U.S. App. LEXIS 7785 (2d Cir. May 12, 2015): IV. Rule 11 Sanctions Corsini argues that the district court abused its discretion in granting the Belkin defendants' motion for Rule 11 sanctions, because that motion …
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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