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

Wayback Machine — Accuracy Cannot Reasonably Be Questioned — Judicial Notice Appropriate

The Pond Guy, Inc. v. Aquascape Designs, Inc., 2014 U.S. Dist. LEXIS 85504 (E.D. Mich. June 24, 2014): Currently before the Court is Plaintiffs' motion for a preliminary injunction. A hearing was held on this matter on May 29, 2014, which was continued to and completed on June 9, 2014. For the reasons set forth below, the Court DE ...
The Pond Guy, Inc. v. Aquascape Designs, Inc., 2014 U.S. Dist. LEXIS 85504 (E.D. Mich. June 24, 2014): Currently before the Court is Plaintiffs' motion for a preliminary injunction. A hearing was held on this matter on May 29, 2014,…
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Mediators Subject to Same § 455 Recusal Standards as Judges — Must Disclose a Potential Conflict Whenever Impartiality Might Reasonably Be Questioned — Liljeberg Standards Govern

CEATS, Inc. v. Continental Airlines, Inc., 2014 U.S. App. LEXIS 11843 (Fed. Cir. June 24, 2014): b. Rule 60(b)(6) Rule 60(b)(6) gives federal courts authority to relieve a party from a final judgment "upon such terms as are just." Liljeberg, 486 U.S. at 863-64; see ...
CEATS, Inc. v. Continental Airlines, Inc., 2014 U.S. App. LEXIS 11843 (Fed. Cir. June 24, 2014): b. Rule 60(b)(6) Rule 60(b)(6) gives federal courts authority to relieve a party from a final judgment "upon such terms as are just." Liljeberg,…
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Spoliation — Sixth Circuit Standards — Relevance = More Than Rule 401 — Definition of Abuse of Discretion — Back-Up Tapes Used Only for Disaster Recovery May Be Recycled — Intentional Destruction after Duty Attaches Is Willful

Automated Solutions Corp. v. Paragon Data Sys., 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014): "A federal court's inherent powers include broad discretion to craft proper sanctions for spoliated evidence." Adkins v. Wolever, 554 F.3d 650, 651 (6th Cir. 2009) (en banc) (hereinafter, "Adkin ...
Automated Solutions Corp. v. Paragon Data Sys., 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014): "A federal court's inherent powers include broad discretion to craft proper sanctions for spoliated evidence." Adkins v. Wolever, 554 F.3d 650, 651 (6th…
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Supreme Court — Prudential Standing Doctrine Largely Abandoned — Statutory Standing Label Misleading, Too

Lexmark Int’l, Inc. v. Static Control Components, Inc., 134 S. Ct. 1377; 188 L. Ed. 2d 392 (2014): This case requires us to decide whether respondent, Static Control Components, Inc., may sue petitioner, Lexmark International, Inc., for false advertising under the Lanham Act, 15 U.S.C. §1125(a). I. Backgroun ...
Lexmark Int’l, Inc. v. Static Control Components, Inc., 134 S. Ct. 1377; 188 L. Ed. 2d 392 (2014): This case requires us to decide whether respondent, Static Control Components, Inc., may sue petitioner, Lexmark International, Inc., for false advertising under…
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§ 1927 Sanctions May Not Be Awarded Based on Counsel’s “Misunderstanding, Bad Judgment, or Well-Intentioned Zeal” (Good Quote)

Morgan v. Covington Township, 2014 U.S. App. LEXIS 7105 (3d Cir. April 16, 2014): 2   The Township seeks sanctions under 28 U.S.C. § 1927 and 42 U.S.C. § 1988(b) as well as Rule 38. Sanctions under § 1927 may only be awarded upon "a finding that counsel's conduct resulted from bad faith, rather t ...
Morgan v. Covington Township, 2014 U.S. App. LEXIS 7105 (3d Cir. April 16, 2014): 2   The Township seeks sanctions under 28 U.S.C. § 1927 and 42 U.S.C. § 1988(b) as well as Rule 38. Sanctions under § 1927 may only …
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Class Actions — Rule 23(f) — If Damages Are So Huge That Defendants May Be Forced to Settle, Careful Consideration Given to Request to Appeal — Unethical for Plaintiff’s Counsel to Send Class Notice to Defendant to Enlist It as a Class Member

  Chapman v. Wagener Equities, Inc., 2014 U.S. App. LEXIS 5962 (7th Cir. Mar. 31, 2014): The defendants in this class action suit under the Telephone Consumer Protection Act, 47 U.S.C. § 227, seek our leave to appeal from the district court's order certifying the class. Fed. R. Civ. P. 23(f). The defenda ...
Chapman v. Wagener Equities, Inc., 2014 U.S. App. LEXIS 5962 (7th Cir. Mar. 31, 2014): The defendants in this class action suit under the Telephone Consumer Protection Act, 47 U.S.C. § 227, seek our leave to appeal from the district…
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Sua Sponte Rule 11 Sanctions — Second Circuit Standards — Seeking Extensions of Time to Respond to Summary Judgment Motion “Substantive[ly]” Sufficient to Support Finding of Bad Faith When No Substantive Response Ever Filed

Rankin v. City of Niagara Falls, 2014 U.S. App. LEXIS 10903 (2d Cir. June 12, 2014): Appellant Christina A. Agola, an attorney proceeding pro se, appeals from an order of the United States District Court for the Western District of New York (Arcara, J.; McCarthy, M.J.) imposing monetary sanctions and reprima ...
Rankin v. City of Niagara Falls, 2014 U.S. App. LEXIS 10903 (2d Cir. June 12, 2014): Appellant Christina A. Agola, an attorney proceeding pro se, appeals from an order of the United States District Court for the Western District of…
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Circumstantial Authentication of Email Evidence — Illinois

People v. Diomedes, 2014 IL App (2d) 121080; 2014 Ill. App. LEXIS 403 (Ill. Ct. App. June 16, 2014): [*P1]  After a bench trial, defendant, Daniel T. Diomedes, was convicted of disorderly conduct for knowingly transmitting by e-mail a threat of violence directed against a high school dean. ... On September 27, 2012, ...
People v. Diomedes, 2014 IL App (2d) 121080; 2014 Ill. App. LEXIS 403 (Ill. Ct. App. June 16, 2014): [*P1]  After a bench trial, defendant, Daniel T. Diomedes, was convicted of disorderly conduct for knowingly transmitting by e-mail a threat…
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$1 Million Sanction for Contempt, Bad Faith, § 1927, Despite Inability to Determine Precisely What Excess Litigation Was Caused (Good Quotes)

Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel, 979 F. Supp. 2d 1270 (M.D. Fla. 2013): This action between Odyssey Marine Exploration and the Kingdom of Spain adjudicates the right to possession and ownership of more than $600,000,000.00 in silver specie.1 This action presented from the ...
Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel, 979 F. Supp. 2d 1270 (M.D. Fla. 2013): This action between Odyssey Marine Exploration and the Kingdom of Spain adjudicates the right to possession and ownership of more than $600,000,000.00 in silver …
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Statement of Fact Made During Settlement Discussions via Email Admissible as Admission of Party Opponent and Not Precluded by Settlement-Negotiating Context

Ride, Inc. v. APS Tech., Inc., 2014 U.S. Dist. LEXIS 44484 (D. Conn. Mar. 31, 2014): 11   Plaintiffs assert that defendants' Ex. J is inadmissible evidence because it is a "statement[ ] made during compromise negotiations about the claim." Pls.' L.R. 56(a)2 Stmt. at § I, ¶ 14. While " ...
Ride, Inc. v. APS Tech., Inc., 2014 U.S. Dist. LEXIS 44484 (D. Conn. Mar. 31, 2014): 11   Plaintiffs assert that defendants' Ex. J is inadmissible evidence because it is a "statement[ ] made during compromise negotiations about the claim."…
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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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