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

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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Morrison’s Ban on Extraterritorial Application of Securities Laws Precludes Claims Arising out of Foreign-Issued Securities Cross-Listed on a U.S. Exchange

City of Pontiac Policemen’s & Firemen’s Retirement Sys. V. UBS AG, 752 F.3d 173 (2d Cir. 2014): In this appeal we consider, as a matter of first impression, whether the bar on extraterritorial application of the United States securities laws, as set forth in Morrison v. National Australia Bank Ltd. ...
City of Pontiac Policemen’s & Firemen’s Retirement Sys. V. UBS AG, 752 F.3d 173 (2d Cir. 2014): In this appeal we consider, as a matter of first impression, whether the bar on extraterritorial application of the United States securities…
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Internet and Email Evidence — Circumstantial Evidence Sufficient to Show Authorship of Reviews Posted on Web and of Emails

Judge v. Randell, 2014 Cal. App. Unpub. LEXIS 4767 (Cal. Ct. App. July 7, 2014): Lori Randell (Randell) appeals from an order denying her motion to strike a defamation cause of action from the complaint of respondent, Gregory Judge (Judge), pursuant to the "anti-SLAPP" statute. (Code Civ. Proc., 425.16 (section 425.16
Judge v. Randell, 2014 Cal. App. Unpub. LEXIS 4767 (Cal. Ct. App. July 7, 2014): Lori Randell (Randell) appeals from an order denying her motion to strike a defamation cause of action from the complaint of respondent, Gregory Judge (Judge),…
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RICO — Lexmark Rejects “Statutory Standing” for Statutory Analysis Whether Plaintiff Is Intended Beneficiary — Evidence of Bribery of Blagojevich Sufficient to Establish Proximate Cause

Empress Casino Joliet Corp. v Johnston, 2014 U.S. App. LEXIS 15713 (7th Cir. Aug. 15, 2014): Deals are the stuff of legislating. Although logrolling may appear unseemly some of the time, it is not, by itself, illegal. Bribes are. This case requires us once again to decide whether some shenanigans in the Illinois General Assemb ...
Empress Casino Joliet Corp. v Johnston, 2014 U.S. App. LEXIS 15713 (7th Cir. Aug. 15, 2014): Deals are the stuff of legislating. Although logrolling may appear unseemly some of the time, it is not, by itself, illegal. Bribes are. This …
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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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