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

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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Email Authentication — Alabama Adopts Circumstantial Evidence Approach of Texas, Delaware, Idaho, Kansas, Mississippi, Indiana

Culp v. State, 2014 Ala. Crim. App. LEXIS 102 (Ala. Crim. App. Nov. 21, 2014): Robert N. Culp, Jr., appeals his conviction for domestic violence in the second degree, a violation of § 13A-6-131, Ala. Code 1975, and his resulting sentence of five years' imprisonment. The circuit court suspended the term of imprisonment and placed Culp on proba ...
Culp v. State, 2014 Ala. Crim. App. LEXIS 102 (Ala. Crim. App. Nov. 21, 2014): Robert N. Culp, Jr., appeals his conviction for domestic violence in the second degree, a violation of § 13A-6-131, Ala. Code 1975, and his resulting…
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Recent Posts

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

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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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