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

Judicial Notice of Internet Evidence — Noticing Other Court’s Records on 12(b)(6) Motion Doesn’t Convert It to Motion for Summary Judgment — Res Judicata Affirmative Defense Testable on 12(b)(6)

Busby v. Bank of Am., N.A., 2015 U.S. Dist. LEXIS 44223 (S.D. Ohio April 3, 2015): Plaintiff alleges that she is the record owner of a residential property at 251 Trumpet Drive, West Carrollton, Ohio, which is her primary home. Id. at PageID 2, ¶¶ 4-5. The Complaint contains a lengthy section labeled Factual Allegations whi ...
Busby v. Bank of Am., N.A., 2015 U.S. Dist. LEXIS 44223 (S.D. Ohio April 3, 2015): Plaintiff alleges that she is the record owner of a residential property at 251 Trumpet Drive, West Carrollton, Ohio, which is her primary home.…
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Circumstantial Twitter Authentication: Witness Testifies She Often Communicated with Defendant on Account, That It Showed Photos of Defendant and Her, Used Terms Often Used by Defendant and Had Photo of Guns Allegedly Used in Crime

Wilson v. State, 2015 Ind. App. LEXIS 378 (Ind. Ct. App. April 30, 2015): [1] On March of 2013, Jonte Crawford and Appellant-Defendant Donnell Wilson shot and killed two rival gang members. During Wilson's trial, the trial court allowed Appellee-Plaintiff the State of Indiana to enter into evidence several Twitter posts al ...
Wilson v. State, 2015 Ind. App. LEXIS 378 (Ind. Ct. App. April 30, 2015): [1] On March of 2013, Jonte Crawford and Appellant-Defendant Donnell Wilson shot and killed two rival gang members. During Wilson's trial, the trial court allowed Appellee-Plaintiff …
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Does the Federal Transfer Statute, 28 U.S.C. § 1631, Apply to Defects in Personal Jurisdiction? Circuit Split — Factors under § 1631 — Transfer Is Normally in the Interests of Justice within the Statute

Cabell v. Zorro Productions, Inc., 2015 U.S. Dist. LEXIS 12845 (W.D. Wash. Feb. 3, 2015): This matter comes before the Court upon Plaintiff Robert W. Cabell's Motion for Partial Reconsideration (Dkt. # 73). Pursuant to Local Civil Rule 7(h), Plaintiff requests reconsideration in part of the Court's Order Granting Defendants ...
Cabell v. Zorro Productions, Inc., 2015 U.S. Dist. LEXIS 12845 (W.D. Wash. Feb. 3, 2015): This matter comes before the Court upon Plaintiff Robert W. Cabell's Motion for Partial Reconsideration (Dkt. # 73). Pursuant to Local Civil Rule 7(h), Plaintiff…
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Disqualification Orders in Civil Cases, as in Criminal Cases, Are Not Appealable as Collateral Orders — May Be Challenged on Appeal from Final Judgment

Guzall v. United States, 2015 U.S. App. LEXIS 6080 (6th Cir. Jan. 30, 2015): On October 9, 2014, the district court granted the defendants' motion to disqualify the plaintiff's counsel in this action under the False Claims Act, 31 U.S.C. § 3729, and the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C ...
Guzall v. United States, 2015 U.S. App. LEXIS 6080 (6th Cir. Jan. 30, 2015): On October 9, 2014, the district court granted the defendants' motion to disqualify the plaintiff's counsel in this action under the False Claims Act, 31 U.S.C.…
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Judicial Notice of Internet Evidence — Government’s Agreement with National Bank as Posted on Government Website Noticed for Its Terms

Lawrence v. Fed. Home Loan Mortg. Corp., 2015 U.S. Dist. LEXIS 40012 (W.D. Tex. Mar. 30, 2015): A.  Standard of Review For Motion for Summary Judgment Summary judgment is appropriate under Rule 56 of the Federal Rules of Civil Procedure only "if the movant shows there is no genuine disput ...
Lawrence v. Fed. Home Loan Mortg. Corp., 2015 U.S. Dist. LEXIS 40012 (W.D. Tex. Mar. 30, 2015): A.  Standard of Review For Motion for Summary Judgment Summary judgment is appropriate under Rule 56 of the Federal Rules of Civil Procedure…
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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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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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