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

Supreme Court: Application of Res Judicata to Nonparties — Six Situations — Federal vs. State Law on the Preclusive Effect of Federal-Court Judgments (Federal Question vs. Diversity Cases)

Taylor v. Sturgell, 553 U.S. 880 (2008): The preclusive effect of a federal-court judgment is determined by federal common law.  See Semtek Int'l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 507-508, 121 S. Ct. 1021, 149 L. Ed. 2d 32 (2001).  For judgments in federal-question cases--for example, Herrick ...
Taylor v. Sturgell, 553 U.S. 880 (2008): The preclusive effect of a federal-court judgment is determined by federal common law.  See Semtek Int'l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 507-508, 121 S. Ct. 1021, 149 L. Ed. 2d…
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Attorney-Client Privilege — Three Approaches to Waiver of Privilege and Work Product Protection — Evidence of Reliance on Advice of Counsel in Settling Case = Waiver in Insurer’s Trial against Adjuster and His Firm

Seneca Ins. Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014): Seneca Insurance Company paid $1 million to settle a lawsuit in which its insured alleged Seneca had mishandled insurance claims for hail damage to the insured's property. Seeking to recoup the costs of defending and settling the ...
Seneca Ins. Co. v. Western Claims, Inc., 2014 U.S. App. LEXIS 24172 (10th Cir. Dec. 22, 2014): Seneca Insurance Company paid $1 million to settle a lawsuit in which its insured alleged Seneca had mishandled insurance claims for hail damage…
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Realignment of Parties — Court Must Look Beyond Pleadings and Arrange Parties by Their Side in the Dispute — Competing Tests: Primary Purpose vs. Collision of Interests (Circuit Split)

Am. Econ. Ins. Co. v. Aspen Way Enters., 2014 U.S. Dist. LEXIS 166747 (D. Mont. Dec. 2, 2014): Before the Court are two motions. *** The second is Defendant Hartford Fire Insurance Co.'s ("Hartford Fire") Motion for Realignment (Doc. 41). Concerned that the addition of Hartford Casualty may ruin this Court's diversit ...
Am. Econ. Ins. Co. v. Aspen Way Enters., 2014 U.S. Dist. LEXIS 166747 (D. Mont. Dec. 2, 2014): Before the Court are two motions. *** The second is Defendant Hartford Fire Insurance Co.'s ("Hartford Fire") Motion for Realignment (Doc. 41).…
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Jury Trial Waiver — Enforceability Factors — Who Bears the Burden of Proving That the Waiver Was Knowing, Voluntary and Intelligent? Circuit Split

Travelers Cas. & Sur. Co. of Am. v. Highland P’ship, Inc., 2013 U.S. Dist. LEXIS 32798 (S.D. Cal. Mar. 8, 2013): There are two related causes of action currently pending before the Court, both of which are set for trial beginning the week of April 15, 2013. (Doc. No. 124.) The first cause of action concerns breach of an Indemnity Ag ...
Travelers Cas. & Sur. Co. of Am. v. Highland P’ship, Inc., 2013 U.S. Dist. LEXIS 32798 (S.D. Cal. Mar. 8, 2013): There are two related causes of action currently pending before the Court, both of which are set for trial…
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RICO — Plaintiff May Base Personal Jurisdiction on RICO’s Nationwide Service of Process Provision (18 U.S.C. § 1965(b)), Only If Plaintiff States a Colorable RICO Claim

Courboin v. Scott, 2014 U.S. App. LEXIS 22775 (11th Cir. Dec. 1, 2014): A. When analyzing a dismissal for lack of personal jurisdiction, "we first determine whether the applicable statute potentially confers jurisdiction over the defendant." Republic of Panama v. BCCI Holdings (Luxembourg) S.A., 119 F.3d 935, ...
Courboin v. Scott, 2014 U.S. App. LEXIS 22775 (11th Cir. Dec. 1, 2014): A. When analyzing a dismissal for lack of personal jurisdiction, "we first determine whether the applicable statute potentially confers jurisdiction over the defendant." Republic of Panama v.…
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Discovery Sanctions — Due Process — Failure to Provide Notice of Intent to Dismiss Action as Sanction for Misconduct Requires Reversal

Okpala v. Computer Sci. Corp., 2014 U.S. App. LEXIS 22489 (4th Cir. Nov. 26, 2014): Henry Uche Okpala appeals the district court's order dismissing with prejudice his wrongful termination action for misconduct during discovery. We vacate and remand for further proceedings. A district court may dismiss a civil actio ...
Okpala v. Computer Sci. Corp., 2014 U.S. App. LEXIS 22489 (4th Cir. Nov. 26, 2014): Henry Uche Okpala appeals the district court's order dismissing with prejudice his wrongful termination action for misconduct during discovery. We vacate and remand for further…
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Judicial Notice of Internet Evidence — Google Maps and Other Internet Mapping Tools

Carriero v. Colbert, 2014 N.Y. Misc. LEXIS 5045 (Sup.Ct. Tompkins Cnty. Nov. 21, 2014): In opposition to plaintiff's motion, defendant avers that the straight-line, or radial, distance between the street addresses of the two residences is 162.64 miles (see Affirmation of Edward E. Kopko dated September 18, 2014, ¶ 10). Plaintiff ...
Carriero v. Colbert, 2014 N.Y. Misc. LEXIS 5045 (Sup.Ct. Tompkins Cnty. Nov. 21, 2014): In opposition to plaintiff's motion, defendant avers that the straight-line, or radial, distance between the street addresses of the two residences is 162.64 miles (see Affirmation…
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Email Sufficiently Authenticated by Opposing Party’s Act of Producing It in Discovery

AT Engine Controls Ltd. v. Goodrich Pump & Engine Control Sys., Inc., 2014 U.S. Dist. LEXIS 174535 (D. Conn. Dec. 18, 2014): This case concerns a dispute between plaintiff AT Engine Controls Ltd. ("ATEC") and defendant Goodrich Pump & Engine Control Systems, Inc. ("GPECS") regarding technology in a digital electro ...
AT Engine Controls Ltd. v. Goodrich Pump & Engine Control Sys., Inc., 2014 U.S. Dist. LEXIS 174535 (D. Conn. Dec. 18, 2014): This case concerns a dispute between plaintiff AT Engine Controls Ltd. ("ATEC") and defendant Goodrich Pump & Engine…
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Rule 11 Sanctions — Improper Purpose — Candidate Files Groundless Petition, Then Dismisses after Receipt of Voluminous Opposition on Eve of Expedited Hearing — Court Shouldn’t Use Elephant Gun to Slay Mouse (Good Quote)

Mollis v. Corso, 2014 R.I. Super. LEXIS 171 (R.I. Super. Dec. 17, 2014): United States Supreme Court Justice Felix Frankfurter once observed that: "Litigation is the pursuit of practical ends, not a game of chess."1The matter now before the Court requires it to decide whether or not this is an app ...
Mollis v. Corso, 2014 R.I. Super. LEXIS 171 (R.I. Super. Dec. 17, 2014): United States Supreme Court Justice Felix Frankfurter once observed that: "Litigation is the pursuit of practical ends, not a game of chess."1The matter now before the…
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Text Messages as They Appear on Phone = Best Evidence, But Harmless Error to Receive Transcripts Prepared by Witness Where Accuracy of Transcript Not Disputed

State v Ford, 2014 Ohio App. LEXIS 4673 (Ohio Ct. App. Oct. 27, 2014) (file: email/text messages): II.  [*P17]  In his second assignment of error, appellant argues that the court erred in admitting the transcript of the text messages between appellant and Bowersock prepared by Det. S ...
State v Ford, 2014 Ohio App. LEXIS 4673 (Ohio Ct. App. Oct. 27, 2014) (file: email/text messages): II.  [*P17]  In his second assignment of error, appellant argues that the court erred in admitting the transcript of the text messages between …
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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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