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

Rule 11 — Court May Not Collect and Turn over Damages Owed to a Party Via Sanctions, Just as It Cannot Impose Tort Damages as a Sanction — District Court Cannot Become Collection Agency (Good Quote)

Universitas Educ., LLC v. Nova Grp., Inc., 2015 U.S. App. LEXIS 6436 (2d Cir. April 20, 2015): Nova Group, Inc. appeals from the September 30, 2013 memorandum and order and the December 18, 2014 order of the United States District Court for the Southern District of New York (Swain, J.) sanctioning Nova by requiring it to depo ...
Universitas Educ., LLC v. Nova Grp., Inc., 2015 U.S. App. LEXIS 6436 (2d Cir. April 20, 2015): Nova Group, Inc. appeals from the September 30, 2013 memorandum and order and the December 18, 2014 order of the United States District…
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RICO Extraterritoriality — The Debate on Rehearing RJR En Banc in the Second Circuit — Denial of En Banc Review Doesn’t Mean Case Lacks Significance or Is Correctly Decided (Good Quote)

European Community v. RJR Nabisco, Inc., 2015 U.S. App. LEXIS 5991 (2d Cir. April 13, 2015): ORDER Following disposition of this appeal, an active judge of the Court requested a poll on whether to rehear the case en banc. A poll having been conducted and there being no majority favoring en banc review, rehearin ...
European Community v. RJR Nabisco, Inc., 2015 U.S. App. LEXIS 5991 (2d Cir. April 13, 2015): ORDER Following disposition of this appeal, an active judge of the Court requested a poll on whether to rehear the case en banc. A…
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Texts and Emails Authenticated as Sender’s by Testimony from Recipient Plus Messages’ Tone, Syntax, Appearance, Personal Subject Matter (Child’s Baptism, Shopping, Chores) and Plans Made (Meeting for Coffee, Lunch)

Smith v. Smith, 2015 Ala. Civ. App. LEXIS 72 (Ala. Ct. Civ. App. Apr. 3, 2015): Shannon Wilkinson Smith ("the mother") appeals from a June 30, 2014, judgment of the Mobile Circuit Court ("the trial court") modifying the custody arrangement established in a previous judgment divorcing Justin Randall Smith ("the ...
Smith v. Smith, 2015 Ala. Civ. App. LEXIS 72 (Ala. Ct. Civ. App. Apr. 3, 2015): Shannon Wilkinson Smith ("the mother") appeals from a June 30, 2014, judgment of the Mobile Circuit Court ("the trial court") modifying the custody arrangement…
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Federal Jurisdiction — Diversity — Measuring the Value of Sought Injunctive Relief — Circuit Split — Statutory Claim for Attorney’s Fees May Be Considered for Amount in Controversy Purposes

Heartland of Urban, OH, LLC v. McHugh Fuller Law Grp., PLLC, 2015 U.S. Dist. LEXIS 46059 (S.D. Ohio April 8, 2015): This matter is before the Court on Plaintiff's Motion for Remand. Doc. # 6. The action was originally filed in the Champaign County Court of Common Pleas. On January 6, 2015 , Defendant removed the action to this Cou ...
Heartland of Urban, OH, LLC v. McHugh Fuller Law Grp., PLLC, 2015 U.S. Dist. LEXIS 46059 (S.D. Ohio April 8, 2015): This matter is before the Court on Plaintiff's Motion for Remand. Doc. # 6. The action was originally filed…
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Anonymously-Authored Memorandum Posted on Facebook Excluded as “At Least Double Hearsay”

Monet v. Bank of Am., N.A., 2015 Cal. App. Unpub. LEXIS 2638 (Cal. Ct. App. April 16, 2015): Plaintiff Christopher Monet, individually and as trustee of the L & M Family Living Trust (hereafter jointly Monet), obtained a loan for $868,000 secured by a deed of trust on real property. Monet defaulted on his loan. After the property was ...
Monet v. Bank of Am., N.A., 2015 Cal. App. Unpub. LEXIS 2638 (Cal. Ct. App. April 16, 2015): Plaintiff Christopher Monet, individually and as trustee of the L & M Family Living Trust (hereafter jointly Monet), obtained a loan for…
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Hamas Website Authentication by Circumstantial Evidence: Governments’ Reliance on Site as Authentic, Language and Facts Posted, Exclusive Interviews with Nonpublic Personal Details, Official Seals / Watermarks — Website Video Authentication

Linde v Arab Bank, PLC, 2015 U.S. Dist. LEXIS 45903 (E.D.N.Y. April 8, 2015): A. Authentication Generally Federal Rule of Evidence 901 "does not erect a particularly high hurdle" for authenticating evidence. United States v. Dhinsa, 243 F.3d 635, 658 (2d Cir. 2001). "[T]he standard for authentic ...
Linde v Arab Bank, PLC, 2015 U.S. Dist. LEXIS 45903 (E.D.N.Y. April 8, 2015): A. Authentication Generally Federal Rule of Evidence 901 "does not erect a particularly high hurdle" for authenticating evidence. United States v. Dhinsa, 243 F.3d 635, 658…
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RICO — Dismissal for Untimeliness Unusual: Complaint Needn’t Anticipate/Defeat Affirmative Defenses — Waiver of Argument Not Presented Below: Nuances May Differ — No Equitable Tolling If No Investigation at All — Good Quotes

Sidney Hillman Health Ctr. of Rochester v. Abbott Labs., Inc., 2015 U.S. App. LEXIS 5974 (7th Cir. April 13, 2015): Appellants are a group of multi-employer benefit funds challenging the dismissal of their putative class action alleging that Abbott Laboratories, Inc., and its subdivision AbbVie, Inc. (collectively, "Abbott") ...
Sidney Hillman Health Ctr. of Rochester v. Abbott Labs., Inc., 2015 U.S. App. LEXIS 5974 (7th Cir. April 13, 2015): Appellants are a group of multi-employer benefit funds challenging the dismissal of their putative class action alleging that Abbott Laboratories,…
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Class Actions — May a Court Certify a Class to Resolve a Specific Issue when the Whole Cause of Action Isn’t Certifiable? Circuit Split

Jacks v. DirectSat USA, LLC, 2015 U.S. Dist. LEXIS 28881 (N.D. Ill. Mar. 10, 2015): II.  Partial Certification Plaintiffs request, as an alternative to denying DirectSat's motion for decertification, that a class be certified as to liability issues pursuant to Federal Rule of Civil Pro ...
Jacks v. DirectSat USA, LLC, 2015 U.S. Dist. LEXIS 28881 (N.D. Ill. Mar. 10, 2015): II.  Partial Certification Plaintiffs request, as an alternative to denying DirectSat's motion for decertification, that a class be certified as to liability issues pursuant to…
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Party’s Statements on Its Own Website Are Business Records and Admissions

CA, Inc. v. New Relic, Inc., 2015 U.S. Dist. LEXIS 46438 (E.D.N.Y. Apr. 8, 2015): In this patent infringement action, plaintiff CA, Inc. ("CA") alleges that defendant New Relic, Inc. ("New Relic") has infringed three patents which deal with monitoring the performance of software applications, otherwise known as app ...
CA, Inc. v. New Relic, Inc., 2015 U.S. Dist. LEXIS 46438 (E.D.N.Y. Apr. 8, 2015): In this patent infringement action, plaintiff CA, Inc. ("CA") alleges that defendant New Relic, Inc. ("New Relic") has infringed three patents which deal with monitoring…
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Texted Photographs — Authenticated by Testimony from Recipient Sufficient to Authenticate Text Exchange with Purported Sender Plus Testimony Exhibit Is a Fair and Accurate Depiction of Photo Received from Sender

Peña v. State, 2015 Tex. App. LEXIS 3710 (Tex. App. April 15, 2015): Tanya testified regarding her text message exchanges with an individual she knew as Alejandro Peña. The interaction between Tanya and Peña began accidently; Tanya sent a text message to a number that matched her friend's number, with the excep ...
Peña v. State, 2015 Tex. App. LEXIS 3710 (Tex. App. April 15, 2015): Tanya testified regarding her text message exchanges with an individual she knew as Alejandro Peña. The interaction between Tanya and Peña began accidently; Tanya sent a text…
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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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