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

Text Authentication by Recipient That She Knows Number to Be Sender’s, That He Called Her between Texts and by Contents: No One But Sender Had Motive to Threaten or Complain Recipient Had Snitched Just before Sender’s Trial

Butler v. State, 2015 Tex. Crim. App. LEXIS 491 (Tex. Ct. Crim. App. April 22, 2015): Appellant was convicted of the aggravated kidnapping of his girlfriend, Ashley Salas. On direct appeal, he complained that the trial court admitted certain text messages into evidence that Appellant claimed were not properly authenticated. Th ...
Butler v. State, 2015 Tex. Crim. App. LEXIS 491 (Tex. Ct. Crim. App. April 22, 2015): Appellant was convicted of the aggravated kidnapping of his girlfriend, Ashley Salas. On direct appeal, he complained that the trial court admitted certain text …
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Spoliation — Erroneous Adverse Inference Instruction Limited to Damages Does Not Require New Trial on Liability or on Unaffected Damages Award

Blue Sky Travel and Tours, LLC v. Aqeel, 2015 U.S. App. LEXIS 5166 (4th Cir. Mar. 31, 2015): In this appeal concerning the breach of an oral contract, we consider whether the district court erred in denying the defendants' motion for judgment as a matter of law asserting a defense of the statute of frauds. We also consider
Blue Sky Travel and Tours, LLC v. Aqeel, 2015 U.S. App. LEXIS 5166 (4th Cir. Mar. 31, 2015): In this appeal concerning the breach of an oral contract, we consider whether the district court erred in denying the defendants' motion…
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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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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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