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

Sham Affidavit Rule — Remedy: Strike Only Those Portions of Affidavit That Contradict Prior Deposition Testimony

Maisha v. Univ. of NC, 2015 U.S. Dist. LEXIS 4671 (M.D.N.C. Jan. 15, 2015): A party may not create a genuine issue of material fact by "filing [*2]  a later affidavit that flatly contradicts that party's earlier sworn deposition." Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 806 (1999); ...
Maisha v. Univ. of NC, 2015 U.S. Dist. LEXIS 4671 (M.D.N.C. Jan. 15, 2015): A party may not create a genuine issue of material fact by "filing [*2]  a later affidavit that flatly contradicts that party's earlier sworn deposition." Cleveland…
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Sanctions: Spoliation Motion = Nondispositive Pretrial Matter Properly before Magistrate Judge for Decision — Failure to Appeal Decision to District Court Bars Further Review

McCann v. Kennedy Univ. Hosp., Inc., 2014 U.S. App. LEXIS 23974 (3d Cir. Dec. 19, 2014):  McCann filed suit pro se in the United States District Court for the District of New Jersey, alleging violations of the Emergency Medical Treatment and Active Labor Act ("EMTALA"), 42 U.S.C. § 1395dd(a), by the hospital's ...
McCann v. Kennedy Univ. Hosp., Inc., 2014 U.S. App. LEXIS 23974 (3d Cir. Dec. 19, 2014):  McCann filed suit pro se in the United States District Court for the District of New Jersey, alleging violations of the Emergency Medical Treatment…
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Experts — Compelling Testimony from Unretained Experts — Five Factors

In re World Trade Center Lower Manhattan Disaster Site Litig., 2015 U.S. Dist. LEXIS 5045 (S.D.N.Y. Jan. 15, 2015): A. Power of Court to Compel Non-Retained Expert Witnesses Whether to compel a non-retained expert witness to produce documents [*109]  or testify at a deposition is within the sound disc ...
In re World Trade Center Lower Manhattan Disaster Site Litig., 2015 U.S. Dist. LEXIS 5045 (S.D.N.Y. Jan. 15, 2015): A. Power of Court to Compel Non-Retained Expert Witnesses Whether to compel a non-retained expert witness to produce documents [*109]  or …
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Breadth of Court’s Discretion in Deciding Whether to Adjourn Trial until Party Can Make Personal Appearance — Both Arbitrariness and Prejudice Must Be Shown to Reverse

Koch v. Pechota, 2015 U.S. App. LEXIS 175 (2d Cir. Jan. 7, 2015): "A party's demand for an adjournment of a civil trial until the party can make a personal [*2]  appearance is entrusted to the sound discretion of the trial judge." Payne v. Jones, 711 F.3d 85, 90-91 (2d Cir. 2013) (internal quot ...
Koch v. Pechota, 2015 U.S. App. LEXIS 175 (2d Cir. Jan. 7, 2015): "A party's demand for an adjournment of a civil trial until the party can make a personal [*2]  appearance is entrusted to the sound discretion of the …
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Rule 806 Doesn’t Allow a Party-Declarant to Attack Her Own Credibility with Hearsay — Plain Error Isn’t Synonymous with Obvious Error (Good Quote) — No Need for Expert If Lay Person Is Equally Able to Draw Conclusion

United States v. Tsoa, 2014 U.S. App. LEXIS 21590 (4th Cir. Nov. 12, 2014):   Ging-Hwang Tsoa was convicted after a jury trial of one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349 (2012), and two counts of bank fraud, in violation of 18 U.S.C. §§ 2, 1344 (2012), and wa ...
United States v. Tsoa, 2014 U.S. App. LEXIS 21590 (4th Cir. Nov. 12, 2014):   Ging-Hwang Tsoa was convicted after a jury trial of one count of conspiracy to commit bank fraud, in violation of 18 U.S.C. § 1349 (2012),…
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Consulting Experts — Identity, as Opposed to Opinions, Is Discoverable without Showing of Exceptional Circumstances (Case Law Split)

Manzo v. Stanley Black & Decker Inc., 2015 U.S. Dist. LEXIS 2861 (E.D.N.Y. Jan. 9, 2015): Presently before the Court in this personal injury case is Defendant Stanley Black & Decker, Inc.'s ("Black & Decker" or "Defendant") motion to compel a complete response to an interrogatory seeking identification ...
Manzo v. Stanley Black & Decker Inc., 2015 U.S. Dist. LEXIS 2861 (E.D.N.Y. Jan. 9, 2015): Presently before the Court in this personal injury case is Defendant Stanley Black & Decker, Inc.'s ("Black & Decker" or "Defendant") motion to compel …
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Supreme Court — Rule 606(b) Bars New Trial Based on Juror’s Affidavit of Another Juror’s Statements in Deliberations — No Exception for Juror’s Lying during Voir Dire — Juror’s Experience Unrelated to Case ≠ “Extraneous” Information

Barger v. Shauers, 2014 U.S. LEXIS 8294 (U.S. Dec. 9, 2014): Federal Rule of Evidence 606(b) provides that certain juror testimony regarding what occurred in a jury room is inadmissible "[d]uring an inquiry into the validity of a verdict." The question presented in this case is whether Rule 606(b) p ...
Barger v. Shauers, 2014 U.S. LEXIS 8294 (U.S. Dec. 9, 2014): Federal Rule of Evidence 606(b) provides that certain juror testimony regarding what occurred in a jury room is inadmissible "[d]uring an inquiry into the validity of a verdict." The …
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Arbitration — All Writs Act Cannot Be Used to Enjoin Arbitration Based on Claim-Preclusive Effect of Prior Federal Judgment That Merely Confirmed Prior Arbitration without Considering Merits — Claim Preclusion Is for Arbitrators to Decide

Citigroup, Inc. v. Abu Dhabi Inv. Auth., 2015 U.S. App. LEXIS 549 (2d Cir. Jan. 14, 2015): This case presents the question of whether the All Writs Act, 28 U.S.C. § 1651(a), permits a federal district court to enjoin a second arbitration between parties to a contractual arbitration agreement based on what [*2]  one party asserts is ...
Citigroup, Inc. v. Abu Dhabi Inv. Auth., 2015 U.S. App. LEXIS 549 (2d Cir. Jan. 14, 2015): This case presents the question of whether the All Writs Act, 28 U.S.C. § 1651(a), permits a federal district court to enjoin a…
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Third Party Emails Produced by Party Sufficiently Authenticated by Act of Production when Offered by Opponent But Hearsay / Admissibility Objections Must Separately Be Satisfied

Broadspring, Inc. v. Congoo, LLC, 2014 U.S. Dist. LEXIS 177838 (S.D.N.Y. Dec. 29, 2014): Plaintiff's second motion in limine seeks to exclude nine e-mails that were sent to Broadspring or Mindset Interactive employees by third-party software distributors with whom they once conducted business. The motion is GRANTE ...
Broadspring, Inc. v. Congoo, LLC, 2014 U.S. Dist. LEXIS 177838 (S.D.N.Y. Dec. 29, 2014): Plaintiff's second motion in limine seeks to exclude nine e-mails that were sent to Broadspring or Mindset Interactive employees by third-party software distributors with whom they …
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Sanctions — No Abuse of Discretion to Deny § 1927 Sanctions, But Rule 26(g) Sanctions Are Mandatory, Discretion Limited to Type — Amount Paid in Settlement May = Admission Claim Sound — Recidivism Is Factor in Choosing Sanction

Rojas v. Town of Cicero, 2015 U.S. App. LEXIS 72 (7th Cir. Jan. 5, 2015): Merced Rojas contended in this suit under 42 U.S.C. §1983 that the Town of Cicero violated the First Amendment by firing him because he supported a political opponent of Larry Dominick, the Town's president. After an eight-day trial, a jury found in Rojas&# ...
Rojas v. Town of Cicero, 2015 U.S. App. LEXIS 72 (7th Cir. Jan. 5, 2015): Merced Rojas contended in this suit under 42 U.S.C. §1983 that the Town of Cicero violated the First Amendment by firing him because he supported…
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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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