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

§ 1927 Sanctions for Opposing Dismissal of Suit Claiming That DNC Falsely Represented That President Obama Was Qualified to Be President

Liberty Legal Found. v. Nat’l Democratic Party, 2014 U.S. App. LEXIS 18330 (6th Cir. Sept. 23, 2014): This case arises from the entry of sanctions under 28 U.S.C. § 1927 against Plaintiffs. The district court granted the Defendants' motion for sanctions, finding that Plaintiffs brought a frivolous suit, which accused Defendants ...
Liberty Legal Found. v. Nat’l Democratic Party, 2014 U.S. App. LEXIS 18330 (6th Cir. Sept. 23, 2014): This case arises from the entry of sanctions under 28 U.S.C. § 1927 against Plaintiffs. The district court granted the Defendants' motion for…
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Pro Hac Vice Appearance vs. “Consulting Lawyer” Status — Five-Factor Test for Determining When a Lawyer Is a Consulting Lawyer and Need Not Appear Pro Hac Vice in Federal Court

  Gsell v. Rubin & Yates, LLC, 2014 U.S. Dist. LEXIS 123937 (E.D. Pa. Sept. 4, 2014): This case raises the question of whether a lawyer [Mr. Lee], who is not admitted to practice in the Eastern District of Pennsylvania ("E.D. Pa."), generally or pro hac vice, may recover attorney's fees as a "consulting" ...
Gsell v. Rubin & Yates, LLC, 2014 U.S. Dist. LEXIS 123937 (E.D. Pa. Sept. 4, 2014): This case raises the question of whether a lawyer [Mr. Lee], who is not admitted to practice in the Eastern District of Pennsylvania ("E.D.…
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Defendant Real-Party-in-Interest May Remove without Filing Appearance in State Court — “The Defendant” in 28 U.S.C. § 1441 = Defendant Real-Party-in-Interest

La Russo v. St. George’s Univ. Sch. of Med., 747 F.3d 90 (2d Cir. 2014) (Question:  Is the following analysis consistent with the holding of Lincoln Property Co. v. Roche, 546 U.S. 81 (2005)?): This appeal primarily concerns a narrow issue of federal procedural law and an equally narrow issue of New York procedural law.
La Russo v. St. George’s Univ. Sch. of Med., 747 F.3d 90 (2d Cir. 2014) (Question:  Is the following analysis consistent with the holding of Lincoln Property Co. v. Roche, 546 U.S. 81 (2005)?): This appeal primarily concerns a narrow…
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Comity among Circuits — Separate Proceedings Concerning Same Subject Matter Should Be Decided Alike — Like Law of the Case — One Circuit Shouldn’t Grant Relief Substantially Interfering with Decisions of Sister Circuit — Good Quotes

Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014) (Note:  In the ongoing Chevron/Ecuador litigation, Chevron sought documents from co-counsel of Donziger in Maryland both under Rule 45 in connection with litigation in the Southern District of New York and under § 1782 in connection with its continuing ...
Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014) (Note:  In the ongoing Chevron/Ecuador litigation, Chevron sought documents from co-counsel of Donziger in Maryland both under Rule 45 in connection with litigation…
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Rule 45 — No Appellate Jurisdiction to Review Order Compelling Production of Privileged Material — Perlman Inapt If Work Product Protection Claimed Because Lawyer Interested in Work Product — Does Mohawk Overrule Perlman?

Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014): These consolidated appeals stem from a multi-billion-dollar judgment rendered in Ecuador against the Chevron Corporation. Chevron has sought discovery in several American courts to obtain evidence that [*2]  the Ecuadorian plaintiffs and thei ...
Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014): These consolidated appeals stem from a multi-billion-dollar judgment rendered in Ecuador against the Chevron Corporation. Chevron has sought discovery in several American courts…
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§ 1927 Sanctions — Defendants’ Settlement with Plaintiffs for Attorney’s Fees They Owe ≠ Release of Counsel for “Excess” Fees — Ambush by Late Motion — Recklessness OK in 11th Cir. — Plain Error Review If No Objection to MJ R&R

Oliva v. NBTY, Inc., 2014 U.S. App. LEXIS 18040 (11th Cir. Sept. 22, 2014): Attorney Brian Glick appeals the district court's order imposing sanctions on him based on 28 U.S.C. § 1927 and the court's inherent authority. Glick represented the plaintiffs in a personal injury lawsuit against NBTY, Inc. and NBTY Manufacturing LLC ...
Oliva v. NBTY, Inc., 2014 U.S. App. LEXIS 18040 (11th Cir. Sept. 22, 2014): Attorney Brian Glick appeals the district court's order imposing sanctions on him based on 28 U.S.C. § 1927 and the court's inherent authority. Glick represented the…
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Text / Email Admissibility — Direct Evidence Not Essential; Circumstantial Evidence Sufficient — Idaho Supreme Court, Construing Evidence Rules Identical to Fed. R. Evid.

State v. Koch, 2014 Ida. LEXIS 243 (Ida. Sup. Ct. Sept. 4, 2014): Michael Eugene Koch appeals from his judgment of conviction, entered following a verdict, for four counts of lewd conduct with a minor under sixteen. On appeal, Koch argues that the Ada County district court made multiple errors in the admission of evidence that warrant ...
State v. Koch, 2014 Ida. LEXIS 243 (Ida. Sup. Ct. Sept. 4, 2014): Michael Eugene Koch appeals from his judgment of conviction, entered following a verdict, for four counts of lewd conduct with a minor under sixteen. On appeal, Koch…
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26(a)(1) Initial Disclosures — Failure to Timely Update to Add Fact Witnesses Mentioned in Deposition Leads to Exclusion, Even Though They Were Identified 10 Months before Trial — Good Quotes on Prejudice

Ollier v. Sweetwater Union High Sch. Dist., 2014 U.S. App. LEXIS 18020 (9th Cir. Sept. 19, 2014): We next address the exclusion of fact witnesses. The general issue is whether witnesses not listed in Rule 26(a) disclosures--and who were identified  15 months after the discovery cutoff and only ten months before trial--were id ...
Ollier v. Sweetwater Union High Sch. Dist., 2014 U.S. App. LEXIS 18020 (9th Cir. Sept. 19, 2014): We next address the exclusion of fact witnesses. The general issue is whether witnesses not listed in Rule 26(a) disclosures–and who were identified  …
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Federal Arbitration Act — Inherently Biased Arbitration Clause Unenforceable — Unreasonable under M/S Bremen and Unconscionable — Does State or Federal Law Govern Forum Selection Clause in Diversity? Circuit Split

Jackson v. Payday Fin’l LLC, 2014 U.S. App. LEXIS 16257 (7th Cir. Aug. 22, 2014): Deborah Jackson, Linda Gonnella, and James Binkowski (collectively "the Plaintiffs") initially brought this action in Illinois state court against Payday Financial, LLC, and other defendant entities owned by, or doing business with, Martin A. ...
Jackson v. Payday Fin’l LLC, 2014 U.S. App. LEXIS 16257 (7th Cir. Aug. 22, 2014): Deborah Jackson, Linda Gonnella, and James Binkowski (collectively "the Plaintiffs") initially brought this action in Illinois state court against Payday Financial, LLC, and other defendant…
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Taxation of Costs under § 1920 — Video Deposition Costs Unrecoverable Where Summary Judgment Granted and Videos Unnecessary for That

In re Text Messaging Antitrust Litig., 2014 U.S. Dist. LEXIS 121804 (N.D. Ill. Sept. 2, 2014): The law permits a party to recover costs for both a paper transcript and video recording of a deposition; the standard is whether it was reasonably necessary for counsel to obtain both. See Little v. Mitsubishi Motors N. ...
In re Text Messaging Antitrust Litig., 2014 U.S. Dist. LEXIS 121804 (N.D. Ill. Sept. 2, 2014): The law permits a party to recover costs for both a paper transcript and video recording of a deposition; the standard is whether it …
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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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