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

Inherent Power Sanctions — Failure to Prepare 3d Party 30(b)(6) Witness to Testify Fully at Trial after All Employees Assert 5th= Bad Faith — Waiver by Adversary Irrelevant to Sua Sponte Sanctions — Meaning of Abuse of Discretion (11th Circuit)

Sciarretta v. Lincoln Nat’l Life Ins. Co., 2015 U.S. App. LEXIS 2864 (11th Cir. Feb. 26, 2015): J. Alfred Prufrock saw the moment of his greatness flicker and the eternal footman hold his coat and snicker.1 If there had been an insurance policy on his life like the one that gave rise to this case, Prufrock might have seen ...
Sciarretta v. Lincoln Nat’l Life Ins. Co., 2015 U.S. App. LEXIS 2864 (11th Cir. Feb. 26, 2015): J. Alfred Prufrock saw the moment of his greatness flicker and the eternal footman hold his coat and snicker.1 If there had been…
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Judicial Notice of Internet Evidence — Admissions — Court Takes Notice of Website of Firm Seeking Attorney’s Fees For Biographical Information to Assess Reasonableness of Hourly Rates Sought

In re Reynolds, 2015 Bankr. LEXIS 732 (Bankr. C.D. Cal. Mar. 9, 2015): Hourly Rate Charged Reynolds seeks an award of reasonable attorneys' fees based on an hourly rate of $400 per hour. Raymond Rengo ("Rengo") testified in support of the request: ...
In re Reynolds, 2015 Bankr. LEXIS 732 (Bankr. C.D. Cal. Mar. 9, 2015): Hourly Rate Charged Reynolds seeks an award of reasonable attorneys' fees based on an hourly rate of $400 per hour. Raymond Rengo ("Rengo") testified in support of …
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RICO — Personal Jurisdiction — Conspiracy Theory of Jurisdiction: Minimum Contacts Required — Conspirator in Forum May Suffice — § 1965(a) Requires Ends of Justice Plus One Defendant in Forum; Generalities Not Enough

Hart v. Salois, 2015 U.S. App. LEXIS 3696 (10th Cir. Mar. 10, 2015): William Michael Hart, appearing pro se, appeals the district court's dismissal of his Amended Complaint ("Complaint"). The district court dismissed the complaint for lack of personal jurisdiction over all but one of the defendants, and alternatively gra ...
Hart v. Salois, 2015 U.S. App. LEXIS 3696 (10th Cir. Mar. 10, 2015): William Michael Hart, appearing pro se, appeals the district court's dismissal of his Amended Complaint ("Complaint"). The district court dismissed the complaint for lack of personal jurisdiction…
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Text Authentication: Phone in Person’s Possession; Contains Texts Sent to and Signed with Her First Name, Including Texts from Boyfriend Professing Love and Other Texts Whose Content Links them to Her = Sufficient Evidence

United States v. Mebrtatu, 543 Fed. Appx. 137, 140-41 (3d Cir. 2013): Promise Mebrtatu appeals from the District Court's final judgment of conviction and sentence and requests a new trial. Mebrtatu raises two issues on appeal: (1) whether the District Court properly denied Mebrtatu's motion to suppress physica ...
United States v. Mebrtatu, 543 Fed. Appx. 137, 140-41 (3d Cir. 2013): Promise Mebrtatu appeals from the District Court's final judgment of conviction and sentence and requests a new trial. Mebrtatu raises two issues on appeal: (1) whether the District…
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Sanctions — Sixth Circuit Standards for Sanctions under § 1927 (Something Less Than Bad faith But More Than Negligence) and Inherent Power (Bad Faith — Three-Pronged Test)

Jordan v. City of Detroit, 2014 U.S. App. LEXIS 23468 (6th Cir. Dec. 11, 2014): Under 28 U.S.C. § 1927, an attorney who "multiplies the proceedings in any case unreasonably and vexatiously" may be sanctioned by the court. Such sanctions are appropriate when counsel "objectively falls short of the obligations o ...
Jordan v. City of Detroit, 2014 U.S. App. LEXIS 23468 (6th Cir. Dec. 11, 2014): Under 28 U.S.C. § 1927, an attorney who "multiplies the proceedings in any case unreasonably and vexatiously" may be sanctioned by the court. Such sanctions …
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Does the Anti-Injunction Act Permit an Injunction That Is Sought before the Initiation of State Court Proceedings But Wouldn’t Issue until after the State Court Suit Is Filed? (Circuit Split)

Monster Beverage Corp. v. Herrera, 2013 U.S. Dist. LEXIS 189315 (C.D. Cal. Dec. 16, 2013): The Anti-Injunction Act does not prohibit injunctions that prevent the initiation of a state court proceeding. Dombrowski v. Pfister, 380 U.S. 479, 485 (1965); Bank One Delaware, 2003 WL 21703627, at *2. There is a circ ...
Monster Beverage Corp. v. Herrera, 2013 U.S. Dist. LEXIS 189315 (C.D. Cal. Dec. 16, 2013): The Anti-Injunction Act does not prohibit injunctions that prevent the initiation of a state court proceeding. Dombrowski v. Pfister, 380 U.S. 479, 485 (1965); Bank…
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Facebook Authentication — Colorado Adopts Circumstantial Evidence Approach —Both Page and Posts Must Be Linked to Author — Mere Ownership of Page Insufficient — Contents ≠ Hearsay (Admissions, Intent, Plan, Motive, State of Mind)

People v. Glover, 2015 Colo. App. LEXIS 295 (Colo. Ct. App. Feb. 26, 2015): [*1]  Defendant, Roger Julius Glover, appeals the judgment of conviction entered on a jury verdict finding him guilty of first degree (after deliberation) murder. We affirm. I. Background  [*2]  Defen ...
People v. Glover, 2015 Colo. App. LEXIS 295 (Colo. Ct. App. Feb. 26, 2015): [*1]  Defendant, Roger Julius Glover, appeals the judgment of conviction entered on a jury verdict finding him guilty of first degree (after deliberation) murder. We affirm.…
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RICO/Res Judicata — Arbitration Ruling That RICO Claim Is Barred as Extraterritorial Is a Merits Ruling, Bars Relitigation — Fact Panel Said Ruling Was Without Prejudice to Statutory Rights to Sue in Court Irrelevant — Futility=De Novo Review

V Cars LLC v. Chery Auto. Co., 2015 U.S. App. LEXIS 3469 (6th Cir. Mar. 2, 2015): Plaintiff V Cars, LLC, appeals the district court judgment denying its motion for leave to file a second amended complaint in the plaintiff's suit against defendants Chery Automobile Company, Ltd., Yin Tongyao, and Kan Lei. Because well-established < ...
V Cars LLC v. Chery Auto. Co., 2015 U.S. App. LEXIS 3469 (6th Cir. Mar. 2, 2015): Plaintiff V Cars, LLC, appeals the district court judgment denying its motion for leave to file a second amended complaint in the plaintiff's…
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Does Rooker-Feldman Divest Federal Court of Jurisdiction to Undo State Judgment Procured by Fraud? Circuit Split — Can Sue for Fraud in Procuring Judgment — Res Judicata / Compulsory Counterclaim Hurdle — One Circuit Panel Can’t Overrule Another

Iqbal v. Patel, 2015 U.S. App. LEXIS 3241 (7th Cir. Mar. 2, 2015): Through a closely held corporation, Mir Iqbal bought a gasoline service station. (He also guaranteed its debts, so we need not mention the corporation again.) Iqbal contracted with S-Mart Petroleum for gasoline. Iqbal then hired Tejaskumar Pat ...
Iqbal v. Patel, 2015 U.S. App. LEXIS 3241 (7th Cir. Mar. 2, 2015): Through a closely held corporation, Mir Iqbal bought a gasoline service station. (He also guaranteed its debts, so we need not mention the corporation again.) Iqbal contracted …
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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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