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

Other Lessons of Halliburton 2—Overturning Long-Settled Precedent Requires Special Justification—Mere Error Not Enough—Stare Decisis Has Special Force in Statutory Interpretation (Good Quotes)

Halliburton Co. v. Erica P. John Fund, Inc., 2014 U.S. LEXIS 4305 (U.S. June 23, 2014): Investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to buy or sell a company's stock. In Basic Inc. v. Levinson, 485 U. S. 224, 108 S. C ...
Halliburton Co. v. Erica P. John Fund, Inc., 2014 U.S. LEXIS 4305 (U.S. June 23, 2014): Investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to…
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RICO — Continuity: If Enterprise Is Legit Business, Evidence Must Permit Inference Predicate Acts = Regular Way of Doing Business or Imply Threat of Continued Criminal Activity — Multiple Acts of Mail Fraud in Furtherance of Single Fraud ≠ Pattern

Crawford v. Franklin Credit Mgmt. Corp., 2014 U.S. App. LEXIS 13179 (2d Cir. July 11, 2014): Plaintiff Linda D. Crawford appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, Judge, dismissing her amended complaint ("Complaint") which alleged that defendants ...
Crawford v. Franklin Credit Mgmt. Corp., 2014 U.S. App. LEXIS 13179 (2d Cir. July 11, 2014): Plaintiff Linda D. Crawford appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, …
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Appeals — “Though We Do Not Lightly Create a Circuit Split, We Are Obliged to Follow Supreme Court Precedent Even When It Might Be Viewed As Inequitable or as Form Over Substance” (Good Quote)

  Jewell v. United States, 749 F.3d 1295 (10th Cir. 2014): Though we do not lightly create a circuit split, we are obliged to follow Supreme Court precedent, even when it might be viewed as "inequitable" or as "form over substance." In Powell, the Supreme Court expressed itself cle ...
Jewell v. United States, 749 F.3d 1295 (10th Cir. 2014): Though we do not lightly create a circuit split, we are obliged to follow Supreme Court precedent, even when it might be viewed as "inequitable" or as "form over substance."…
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Judicial Notice of Internet Evidence — Fact That Certain Gambling Websites Are Owned by Foreign Entities, Which Is Ascertainable from Factual Documents Found on Reliable Sources on Internet, May Be Judicially Noticed

United States v. Hom, 2014 U.S. Dist. LEXIS 77489 (N.D. Cal. June 4, 2014): The following facts are uncontested. During 2006, pro se defendant John Hom gambled online through internet accounts with PokerStars.com and PartyPoker.com (Hendon Decl., Exh. 5 at 1-2). In 2007, defendant continued to gamble online through his PokerS ...
United States v. Hom, 2014 U.S. Dist. LEXIS 77489 (N.D. Cal. June 4, 2014): The following facts are uncontested. During 2006, pro se defendant John Hom gambled online through internet accounts with PokerStars.com and PartyPoker.com (Hendon Decl., Exh. 5 at…
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Rule 37 Sanctions — Purposes — Factors — Prejudice as Prerequisite to Obtaining Sanctions More Severe Than Fees — Categories of Prejudice

Paice, LLC v. Hyundai Motor Co., 2014 U.S. Dist. LEXIS 95043 (D. Md. June 27, 2014): B. Sanctions The Court now turns to consider whether discovery sanctions are appropriate for Defendants' discovery conduct to-date.5  Courts have broad discretion to impose punitive measures on any party who fai ...
Paice, LLC v. Hyundai Motor Co., 2014 U.S. Dist. LEXIS 95043 (D. Md. June 27, 2014): B. Sanctions The Court now turns to consider whether discovery sanctions are appropriate for Defendants' discovery conduct to-date.5  Courts have broad discretion to impose…
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How Much of an Explanation Must a District Court Provide in Certifying a Case for Immediate Appeal under Rule 54(b)? The Circuits Are Split, and the Right Answer Is None — A Result No Circuit Has Reached — Sutton, J., Concurring

Adler v. Elk Glenn, LLC, 2014 U.S. App. LEXIS 13044 (6th Cir. July 10, 2014) (Sutton, J., concurring) (note: Judge Sutton is Chair of the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference and a recognized scholar of the Federal Rules): SUTTON, J., concurring. When a ...
Adler v. Elk Glenn, LLC, 2014 U.S. App. LEXIS 13044 (6th Cir. July 10, 2014) (Sutton, J., concurring) (note: Judge Sutton is Chair of the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference…
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Denial of Disqualification Motion Not Appealable under § 1291 before Final Judgment — Mandamus May Be Available in Exceptional Circumstances

Averhart v. CWA Union Local 1033, 2014 U.S. App. LEXIS 12609 (3d Cir. July 3, 2014): In his supplemental brief, Averhart concedes that this Court presently lacks jurisdiction under 28 U.S.C. § 1291 to review the District Court's denial of his request to disqualify counsel, and he has expressly withdrawn his appeal to that extent. ...
Averhart v. CWA Union Local 1033, 2014 U.S. App. LEXIS 12609 (3d Cir. July 3, 2014): In his supplemental brief, Averhart concedes that this Court presently lacks jurisdiction under 28 U.S.C. § 1291 to review the District Court's denial of…
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RICO — Proof of Predicate Acts That Are Criminal Is Essential to a Successful Civil RICO Claim

Southern Snow Mfg. Co. v. Snowizard Holdings, Inc., 2014 U.S. App. LEXIS 12242 (Fed. Cir. June 30, 2014): A snowball is a confection of ice shavings, flavored with various syrups and typically served in a cone-shaped paper cup. This appeal arises from the conclusion of four consolidated lawsuits in the United States District C ...
Southern Snow Mfg. Co. v. Snowizard Holdings, Inc., 2014 U.S. App. LEXIS 12242 (Fed. Cir. June 30, 2014): A snowball is a confection of ice shavings, flavored with various syrups and typically served in a cone-shaped paper cup. This appeal …
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Appellate Practice — Failure to Develop Argument in Brief, Including a Single Conclusory Sentence, Forfeits Appellate Review

Schnader Harrison Segal & Lewis LLP, 2014 U.S. App. LEXIS 11647 (4th Cir. June 20, 2014): On appeal, Hershey also challenges the district  court's order granting Schnader's motion for Rule 11 sanctions.  "We review the decision to award sanctions for abuse of discretion." Newport News Holdings Corp. v. Virtual City ...
Schnader Harrison Segal & Lewis LLP, 2014 U.S. App. LEXIS 11647 (4th Cir. June 20, 2014): On appeal, Hershey also challenges the district  court's order granting Schnader's motion for Rule 11 sanctions.  "We review the decision to award sanctions for…
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Offer of Judgment — Rule 68 Reverses Rule 54(d) and Requires a Prevailing Plaintiff to Pay a Defendant’s Post-Offer Cost If the Judgment Is Less Than the Unaccepted Offer, Even in Civil Rights Cases

Stanczyk v. City of N.Y., 752 F.3d 273 (2d Cir. June 3, 2014): On March 21, 2013, a jury in the United States District Court for the Eastern District of New York found City of New York police officers Richard DeMartino ("DeMartino") and Shaun Grossweiler ("Grossweiler") (the "Officers") liable under 42 U. ...
Stanczyk v. City of N.Y., 752 F.3d 273 (2d Cir. June 3, 2014): On March 21, 2013, a jury in the United States District Court for the Eastern District of New York found City of New York police officers Richard…
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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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