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

Rule 11 & § 1927 Sanctions — Quantum — Deterrence vs. Compensation — While Detailed Opinion Usually Not Needed, Conclusory Explanation for De Minimus Award Inadequate Where Misconduct Egregious

Tilmon-Jones v. Boladian, 2014 U.S. App. LEXIS 17522 (6th Cir. Sept. 8, 2014): In 2006 Janyce Tilmon-Jones sued defendants Bridgeport Music, Inc. and Armen Boladian for allegedly failing to pay royalties on two musical works of her late husband, Abrim Tilmon, Jr. That underlying case, Tilmon-Jones v. Boladian, was set ...
Tilmon-Jones v. Boladian, 2014 U.S. App. LEXIS 17522 (6th Cir. Sept. 8, 2014): In 2006 Janyce Tilmon-Jones sued defendants Bridgeport Music, Inc. and Armen Boladian for allegedly failing to pay royalties on two musical works of her late husband, Abrim …
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Is Willfulness Judged by an Objective or Subjective Standard? Circuit Split (Bankruptcy/Restatement-Focused; Important for Pending Spoliation Rule 37(e))

Margulies v. Hough (In re Margulies), 2014 U.S. Dist. LEXIS 125843 (S.D.N.Y. Sept. 9, 2014): On August 3, 2000, Joshua Margulies and Dennis Hough engaged in what has fairly been described as a slow-moving game of chicken on a Manhattan street. Margulies drove forward in his car at a slow rate of speed toward Hough, a ...
Margulies v. Hough (In re Margulies), 2014 U.S. Dist. LEXIS 125843 (S.D.N.Y. Sept. 9, 2014): On August 3, 2000, Joshua Margulies and Dennis Hough engaged in what has fairly been described as a slow-moving game of chicken on a Manhattan …
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Default Judgment — Can a Letter to the Court Constitute an Answer, Defense to Complaint or Appearance? — Circuit Split — Examples of Inadequate Letters Even Where Informality Permitted

United States v. Abdul Rahim, 2014 U.S. Dist. LEXIS 117621 (E.D. Va. July 25, 2014): On June 13, 2013, Plaintiff filed a Complaint against Defendant alleging willful concealment or misrepresentation of material fact to procure naturalization, and requesting revocation and cancellation of Defendant's naturalization. (Dkt. No. 1.) D ...
United States v. Abdul Rahim, 2014 U.S. Dist. LEXIS 117621 (E.D. Va. July 25, 2014): On June 13, 2013, Plaintiff filed a Complaint against Defendant alleging willful concealment or misrepresentation of material fact to procure naturalization, and requesting revocation and…
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Email and Audio File Evidence — Business Records, Business Duty and Double Hearsay

Guardian Ins. & Annuity Co., Inc. v. White, 2014 U.S. Dist. LEXIS 125920 (S.D. Ohio Sept. 9, 2014): This civil action is before the Court on Defendant Kathryn Bransom's motion in limine for findings that records maintained by Plaintiff are admissible as records of regularly conducted activity ("busin ...
Guardian Ins. & Annuity Co., Inc. v. White, 2014 U.S. Dist. LEXIS 125920 (S.D. Ohio Sept. 9, 2014): This civil action is before the Court on Defendant Kathryn Bransom's motion in limine for findings that records maintained by Plaintiff are …
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Internet Evidence — Anonymous Postings — Authentication Challenges

Harris v. Chipotle Mexican Grill, Inc., 2014 U.S. Dist. LEXIS 126776 (D. Minn. April 10, 2014): The above-captioned case comes before the undersigned on Plaintiffs Marcus Harris ("Harris"), Julius Caldwell ("Caldwell"), Demarkus Hobbs ("Hobbs"), and Dana Evenson's ("Evenson") (collectively, ...
Harris v. Chipotle Mexican Grill, Inc., 2014 U.S. Dist. LEXIS 126776 (D. Minn. April 10, 2014): The above-captioned case comes before the undersigned on Plaintiffs Marcus Harris ("Harris"), Julius Caldwell ("Caldwell"), Demarkus Hobbs ("Hobbs"), and Dana Evenson's ("Evenson") (collectively, "Plaintiffs")…
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eDiscovery Costs under §1920— Not Steps Essential to ESI Production, Only “Making Copies”— Not OCRing, Native Processing, Load Files, Buying Concordance, or Steps Necessary to TIFF Conversion — But Cost of Converting Native to TIFF OK

In re Text Messaging Antitrust Litig., 2014 U.S. Dist. LEXIS 121804 (N.D. Ill. Sept. 2, 2014): The plaintiffs in this case sued AT&T, Sprint, T-Mobile, and Verizon Wireless along with their industry association on behalf of all those who purchased text messages on a pay-per-use basis in the United States. Plaintiffs alleged that defen ...
In re Text Messaging Antitrust Litig., 2014 U.S. Dist. LEXIS 121804 (N.D. Ill. Sept. 2, 2014): The plaintiffs in this case sued AT&T, Sprint, T-Mobile, and Verizon Wireless along with their industry association on behalf of all those who purchased…
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Bankruptcy Court Has Jurisdiction to Award 16(f) Sanctions after Dismissing for Lack of Subject Matter Jurisdiction — 16(f) Sanctions Apt for Failure to Prepare for and Participate in Mediation in Good Faith—Abuse of Discretion Defined (6th Cir.)

Spradlin v. Richard, 2014 U.S. App. LEXIS 13756 (6th Cir. July 15, 2014): PEG argues that the bankruptcy court lacked jurisdiction to award sanctions against them for bad faith and lack of preparedness in the mediation. Their argument rests on the timing of various motions and rulings by the bankruptcy court. PEG moved to dismiss Spra ...
Spradlin v. Richard, 2014 U.S. App. LEXIS 13756 (6th Cir. July 15, 2014): PEG argues that the bankruptcy court lacked jurisdiction to award sanctions against them for bad faith and lack of preparedness in the mediation. Their argument rests on…
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Must Intervenors Who Inject New Claims into Case Have Standing Independent from the Original Plaintiff? Circuit Split

N.C. St. Conference, NAACP v. McRory, 2014 U.S. Dist. LEXIS 109626 (M.D.N.C. Aug. 8, 2014): Finally, Intervenors contend that they are "not require[d]" to "have standing independent from the original [P]laintiffs." (Id. at 9.) While that may be true as to claims that other Plaintiffs actually assert, here, no other ...
N.C. St. Conference, NAACP v. McRory, 2014 U.S. Dist. LEXIS 109626 (M.D.N.C. Aug. 8, 2014): Finally, Intervenors contend that they are "not require[d]" to "have standing independent from the original [P]laintiffs." (Id. at 9.) While that may be true as…
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Judicial Notice of Internet Evidence — Public Records as Reflected on Another Court’s Website or on Westlaw

Brooks v. Bergh, 2014 U.S. Dist. LEXIS 97059 (E.D. Mich. July 17, 2014): 1   Petitioner does not indicate in his pleadings that he ever appealed the denial of his post-conviction motion for relief from judgment to the Michigan appellate courts. Petitioner also did not provide this Court with a complete copy of the Berrien County Cir ...
Brooks v. Bergh, 2014 U.S. Dist. LEXIS 97059 (E.D. Mich. July 17, 2014): 1   Petitioner does not indicate in his pleadings that he ever appealed the denial of his post-conviction motion for relief from judgment to the Michigan appellate courts.…
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Rule 37 Sanctions — Directing Facts Be Taken As Established Doesn’t Require Willfulness or Bad Faith — Examples of Sufficient Circumstantial Evidence of Willful Discovery Failures

Coquina Investments v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): D. Post-trial discovery sanctions Multiple problems with TD Bank's discovery came to light during and after the trial. For example: 1) TD Bank's Federal Rule of Civil Procedure 30(b)(6) designee testified before trial that ...
Coquina Investments v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): D. Post-trial discovery sanctions Multiple problems with TD Bank's discovery came to light during and after the trial. For example: 1) TD Bank's Federal…
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Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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

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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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