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

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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Are Pro Se Pleadings of Ex-Attorneys Construed Liberally? — Shotgun Complaint, in Which Each Count Incorporates All Prior Allegations without Clarity, Violates Rules 10(b) and 8 — RICO Fraud Subject to 9(b)

Joseph v. Bernstein, 2015 U.S. App. LEXIS 7777 (11th Cir. May 12, 2015): Joel D. Joseph, proceeding pro se, appeals the district court's order dismissing his complaint filed pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1962, 1964; the Florida Unfair Insurance Trade Practices Act (UITPA) ...
Joseph v. Bernstein, 2015 U.S. App. LEXIS 7777 (11th Cir. May 12, 2015): Joel D. Joseph, proceeding pro se, appeals the district court's order dismissing his complaint filed pursuant to the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.…
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Federal Question Jurisdiction Where State Claim Incorporates a Federal Standard As a Necessary Element of the Claim — Grable & Merrell Dow

Fen v. Philips Elecs. N. Am., 2015 U.S. Dist. LEXIS 18342 (E.D. Ky. Feb. 13, 2015): District courts "have original jurisdiction of all civil actions arising [*9]  under the Constitution, laws, or treaties of the United States." 28 U.S.C. § 1331 (emphasis added). A claim is said t ...
Fen v. Philips Elecs. N. Am., 2015 U.S. Dist. LEXIS 18342 (E.D. Ky. Feb. 13, 2015): District courts "have original jurisdiction of all civil actions arising [*9]  under the Constitution, laws, or treaties of the United States." 28 U.S.C. §…
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Wayback Machine Authentication — Dates Assigned to Archived Pages May Not Apply to Images Linked to Them — Links on Archived Pages May Direct to Live Web If Old Link Unavailable

United States ex rel. Oliver v. Philip Morris USA, Inc., 2015 U.S. Dist. LEXIS 56655 (D.D.C. April 30, 2015): The plaintiff/relator in this case, Anthony Oliver ("Oliver"), brings suit against Philip Morris USA Inc. ("Defendant") pursuant to the False Claims Act (the "FCA"), 31 U.S.C. §§ 3729 et seq ...
United States ex rel. Oliver v. Philip Morris USA, Inc., 2015 U.S. Dist. LEXIS 56655 (D.D.C. April 30, 2015): The plaintiff/relator in this case, Anthony Oliver ("Oliver"), brings suit against Philip Morris USA Inc. ("Defendant") pursuant to the False Claims…
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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

Archives
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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