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

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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Does Twiqbal’s Plausibility Standard Apply to Affirmative Defenses? Case Law Split — Policy Arguments against Application (Including Reliance on Official Form, All of Which Are Heading toward Extinction)

Jam Tire, Inc. v. Harbin, 2014 U.S. Dist. LEXIS 124581 (N.D. Ohio Sept. 5, 2013): Since the Supreme Court's decision in Iqbal v. Ashcroft, 556 U.S. 662 (2009), more than 230 federal decisions have addressed whether the plausibility standard applies to affirmative defenses pled in an answer. William M. Jan ...
Jam Tire, Inc. v. Harbin, 2014 U.S. Dist. LEXIS 124581 (N.D. Ohio Sept. 5, 2013): Since the Supreme Court's decision in Iqbal v. Ashcroft, 556 U.S. 662 (2009), more than 230 federal decisions have addressed whether the plausibility standard applies …
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Daubert — If Expert Failed to Follow Own Stated Methods, No Reliable Method Followed — Mere Expertise & Subjective Understanding ≠ Reliable Scientific Evidence (Good Quote) — De Novo Issue before Abuse of Discretion Applies

Brown v. Burlington N. Santa Fe Rwy., 2014 U.S. App. LEXIS 16865 (7th Cir. Aug. 29, 2014): Shannon Brown appeals the dismissal of his lawsuit against the Burlington Northern Santa Fe Railway Company ("BNSF"), which he filed under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. § 51 et seq. Th ...
Brown v. Burlington N. Santa Fe Rwy., 2014 U.S. App. LEXIS 16865 (7th Cir. Aug. 29, 2014): Shannon Brown appeals the dismissal of his lawsuit against the Burlington Northern Santa Fe Railway Company ("BNSF"), which he filed under the Federal…
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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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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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