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

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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Sanctions — Failure to File Notice of Appeal in Counsel’s Name Precludes Appellate Review of Sanction Imposed on Counsel — Notice of Appeal in Party’s Name Inadequate to Permit Review

Kleehammer v. Monroe Cnty., 2014 U.S. App. LEXIS 22110 (2d Cir. Nov. 21, 2014): Appellant Stephanie Kleehammer, proceeding pro se, appeals from (1) the district court's September 8, 2010 order dismissing in part her claims of employment discrimination; (2) the November 27, 2012 order granting summary judgment for defendants ...
Kleehammer v. Monroe Cnty., 2014 U.S. App. LEXIS 22110 (2d Cir. Nov. 21, 2014): Appellant Stephanie Kleehammer, proceeding pro se, appeals from (1) the district court's September 8, 2010 order dismissing in part her claims of employment discrimination; (2) the …
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Unexplained Gap in Email Chain Defeats Circumstantial Authentication — YouTube Video Authentication Fails Absent Custodian Certification — Text Message Authentication Must Link Cell Numbers to Relevant Persons

Randaza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed "investigative blogger." The Randazzas allege that Cox and Defendant ...
Randaza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed…
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Email Authentication Proved by Adversary’s Production + Failure to Claim Emails Inauthentic & by Appearance and Contents, Including Sender’s Professional Contact Info and Discussion of Non-Public Details Concerning Matter

Koules v. SP5 Atlantic Retail Ventures, LLC, 2014 Ga. App. LEXIS 825 (Ga. Ct. App. Dec. 8, 2014): SP5 Atlantic Retail Ventures, LLC ("SP5") filed this action in the Superior Court of Fulton County against its tenant, The Dolce Group Atlanta, LLC ("Dolce"), and three guarantors, including Shereen Arazm Koules, for ...
Koules v. SP5 Atlantic Retail Ventures, LLC, 2014 Ga. App. LEXIS 825 (Ga. Ct. App. Dec. 8, 2014): SP5 Atlantic Retail Ventures, LLC ("SP5") filed this action in the Superior Court of Fulton County against its tenant, The Dolce Group…
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Is the Identity of a Consulting Expert, Whose Knowledge and Opinions Are Generally Undiscoverable under Rule 26(b)(4)(D), Discoverable? — Case Law Split — Two Cases

Martensen v. Koch, 2014 U.S. Dist. LEXIS 103165 (D. Colo. July 29, 2014): By its very terms, Rule 26(b)(4)(D) states that a party may not "discover facts known or opinions held" by a non-testifying expert,  but is silent on whether the "identity" of the non-testifying expert is also outside the bounds of d ...
Martensen v. Koch, 2014 U.S. Dist. LEXIS 103165 (D. Colo. July 29, 2014): By its very terms, Rule 26(b)(4)(D) states that a party may not "discover facts known or opinions held" by a non-testifying expert,  but is silent on whether …
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Sanctions — Vexatious Litigant Injunction: 3-Part Test — Court Has Adjudicatory Power to Determine Its Jurisdiction Despite Rule 41(a) Dismissal and Error in Assuming It Had Jurisdiction — Contempt: Orders Must Be Obeyed until Reversed

Lundahl v. Halabi, 2014 U.S. App. LEXIS 22994 (10th Cir. Dec. 3, 2014): Plaintiff Holli Lundahl filed a lawsuit in Wyoming that was removed to federal court. The district court scheduled a hearing to resolve disputed issues as to whether it had diversity jurisdiction, including whether Ms. Lundahl had fraudulently joined a fi ...
Lundahl v. Halabi, 2014 U.S. App. LEXIS 22994 (10th Cir. Dec. 3, 2014): Plaintiff Holli Lundahl filed a lawsuit in Wyoming that was removed to federal court. The district court scheduled a hearing to resolve disputed issues as to whether …
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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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