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

Surveillance Video Authentication via Circumstantial Evidence — Fact That Video Is Programmed to Skip a Few Seconds Intermittently Neither Renders It Inauthentic Nor Subject to 403 Exclusion

United States v. Cejas, 2014 U.S. App. LEXIS 14874 (7th Cir. 2014): A. Video Was Properly Authenticated We begin with Constantino and Nicholas's joint argument that the video showing them outside of Denny's residence on February 14, 2011 should not have been admitted at trial because the government did ...
United States v. Cejas, 2014 U.S. App. LEXIS 14874 (7th Cir. 2014): A. Video Was Properly Authenticated We begin with Constantino and Nicholas's joint argument that the video showing them outside of Denny's residence on February 14, 2011 should not…
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While Court Construes Pro Se Filings Broadly, It Does Not Act as Advocate (Good Quote) — Rule 37 Dismissal Sanction: Tenth Circuit Factors

Fischer v. Dunning, 2014 U.S. App. LEXIS 14641 (10th Cir. July 31, 2014): Michael Fischer claims several officials of a state correctional facility, where Fischer is currently serving time, were deliberately  [*2] indifferent to his medical needs in violation of the Eighth Amendment. But, because Fischer repeatedly r ...
Fischer v. Dunning, 2014 U.S. App. LEXIS 14641 (10th Cir. July 31, 2014): Michael Fischer claims several officials of a state correctional facility, where Fischer is currently serving time, were deliberately  [*2] indifferent to his medical needs in violation of…
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Nonparty Invocation of 5th Amendment — Settlements as Damages — Severe Sanctions Absent Willfulness — RICO Continuity = Period Predicates Occurred — Good Quotes on Judge Changing Mind, Prejudice

Coquina Inv. v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): This case arises out of the billion-dollar Ponzi scheme perpetrated by Scott Rothstein. Plaintiff Coquina Investments ("Coquina") invested with Rothstein and lost over $6.7 million when his scheme collapsed. Defendant TD Bank, N.A. ("TD ...
Coquina Inv. v. TD Bank, N.A., 2014 U.S. App. LEXIS 14388 (11th Cir. July 29, 2014): This case arises out of the billion-dollar Ponzi scheme perpetrated by Scott Rothstein. Plaintiff Coquina Investments ("Coquina") invested with Rothstein and lost over $6.7…
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§ 1927 Sanctions — Continuing to Litigate Claims after Adverse Party Offers to Provide the Only Relief to Which Claimant Is Entitled Merits Sanction

Milner v. Biggs, 2014 U.S. App. LEXIS 9075 (6th Cir. May 13, 2014): In the underlying case, plaintiffs-appellants Jason A. Milner, Natasha M. Milner, and Lexi Milner retained Jason Shugart as counsel after discovering mold in a home approximately four weeks after they purchased it. On behalf of the Milners, Shugart  [*2]
Milner v. Biggs, 2014 U.S. App. LEXIS 9075 (6th Cir. May 13, 2014): In the underlying case, plaintiffs-appellants Jason A. Milner, Natasha M. Milner, and Lexi Milner retained Jason Shugart as counsel after discovering mold in a home approximately four…
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General Propositions Do Not Decide Concrete Cases (Good Quote)

United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): This statement of the law may be correct as a general proposition, but "[g]eneral propositions do not decide concrete cases," Lochner v. New York, 198 U.S. 45, 76 (1905) (Holmes, J., dissenting). ...
United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): This statement of the law may be correct as a general proposition, but "[g]eneral propositions do not decide concrete cases," Lochner v. New York, 198…
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RICO — Deprivation of Honest Services, Alone, ≠ Concrete Injury to Business or Property Sufficient to Confer RICO Standing

Portfolio Invs. LLC v. First Sav. Bank Nw., 2014 U.S. App. LEXIS 14361 (9th Cir. July 28, 2014): Plaintiffs--appellants Portfolio Investments LLC, Stephen Nikolich, and Stephen's wife, Marcia Nikolich (collectively "Portfolio"), appeal from the district court's dismissal of their amended complaint with prejudice for ...
Portfolio Invs. LLC v. First Sav. Bank Nw., 2014 U.S. App. LEXIS 14361 (9th Cir. July 28, 2014): Plaintiffs–appellants Portfolio Investments LLC, Stephen Nikolich, and Stephen's wife, Marcia Nikolich (collectively "Portfolio"), appeal from the district court's dismissal of their amended…
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Text Messages — Authentication by One Party to Discussion — No Best Evidence Problem Converting Texts to Emails for Printing and Submission to Court — 12(f) Motion to Strike “Drastic,” Disfavored

Greco v. Velvet Cactus, LLC, 2014 U.S. Dist. LEXIS 87778 (E.D. La. June 27, 2014): Plaintiff Joseph Greco moves to strike a number of exhibits attached to the motions for summary judgment of defendants Velvet Cactus, LLC and Scott Dickinson. Greco also moves to strike certain statements in defendants' statements of uncontested mat ...
Greco v. Velvet Cactus, LLC, 2014 U.S. Dist. LEXIS 87778 (E.D. La. June 27, 2014): Plaintiff Joseph Greco moves to strike a number of exhibits attached to the motions for summary judgment of defendants Velvet Cactus, LLC and Scott Dickinson.…
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Diversity Jurisdiction — National Banking Association Is Citizen of State Where It Is “Located” — I.e., Has Its “Main Office” — Submitting Supplemental Material on Appeal to Establish Subject Matter Jurisdiction OK

Arthur v. JPMorgan Chase Bank, N.A., 2014 U.S. App. LEXIS 11053 (11th Cir. June 13, 2014): Fifty-eight individuals (hereinafter, "Appellants") whose homes were in various stages of the foreclosure process brought this action against JP Morgan Chase Bank, N.A. (hereinafter, "JP Morgan"), seeking damages and injuncti ...
Arthur v. JPMorgan Chase Bank, N.A., 2014 U.S. App. LEXIS 11053 (11th Cir. June 13, 2014): Fifty-eight individuals (hereinafter, "Appellants") whose homes were in various stages of the foreclosure process brought this action against JP Morgan Chase Bank, N.A. (hereinafter,…
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Absent Definitive Ruling on Motion to Exclude Witness’s Testimony (Here, an Expert), Counsel Must Object to Specific Questions Posed at Trial or Waives Argument on Appeal That Admission Was Flawed

United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): 2. Opinion Testimony Finally, Threadgill claims that the district court erred when it admitted testimony from Jackson and Bjorkman regarding Threadgill's knowledge, intent, and state of mind. In Threadgill's view, ...
United States v. Threadgill, 2014 U.S. App. LEXIS 13377 (6th Cir. July 11, 2014): 2. Opinion Testimony Finally, Threadgill claims that the district court erred when it admitted testimony from Jackson and Bjorkman regarding Threadgill's knowledge, intent, and state of …
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Spoliation — Impact on Summary Judgment — Routine Practice of Destruction May Show No Bad Faith — Failure of Anyone to View Video before Automatically Recording over It Corroborative of No Bad Faith

Schreane v. Beemon, 2014 U.S. App. LEXIS 13859 (5th Cir. July 21, 2014): Schreane sought to compel the government to turn over surveillance video footage from the prison, which Schreane argued would show that while guarding Schreane's unit Beemon had willfully violated the policy against allowing inmates to enter units to which th ...
Schreane v. Beemon, 2014 U.S. App. LEXIS 13859 (5th Cir. July 21, 2014): Schreane sought to compel the government to turn over surveillance video footage from the prison, which Schreane argued would show that while guarding Schreane's unit Beemon had…
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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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