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

Rule 37 Sanctions: Second Circuit Factors — Exclusion of Witness Not Disclosed Per 26(a) Apt — “Interviewing a Witness Late in the Process Does Not Provide Cover for a Revised Disclosure” — Reconsideration Factors

 Irish v. Tropical Emerald Llc & Rainbow United States, 2021 U.S. Dist. LEXIS 87946 (E.D.N.Y. May 6, 2021): ...
 Irish v. Tropical Emerald Llc & Rainbow United States, 2021 U.S. Dist. LEXIS 87946 (E.D.N.Y. May 6, 2021): After a series of failed attempts to follow this Court’s rules, including those on page limitations, Defendants filed a motion for reconsideration …
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Rule 26(a)(1)(A)(iii) Mandatory Damages Disclosure Does Not Extend to Disgorgement Because It Is An Equitable, And Not A Damages, Remedy

 Northern Nat. Gas Co. v. L.D. Drilling, Inc., 405 F. Supp. 3d 981 (D. Kan. 2019): A number of the motions a ...
 Northern Nat. Gas Co. v. L.D. Drilling, Inc., 405 F. Supp. 3d 981 (D. Kan. 2019): A number of the motions are before the court in the present dispute over the effects of the migration of natural gas which plaintiff…
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Supreme Court — Personal Jurisdiction — Specific Jurisdiction Does Not Require A Causal Relationship Between The Defendant’s In-State Activity And The Litigation — “Some Relationships Will Support Jurisdiction Without A Causal Showing”

Ford Motor Co. v. Montana Eighth Judicial Dist. Ct., 2021 WL 1132515 (U.S. March 25, 2021): *3 In each of these two cases, a state court held that it had jurisdiction over Ford Motor Company in a products-liability suit stemming from a car accident. The accident happened in the State where suit was brought. The victim was one of the State’s residents. And Ford ...
Ford Motor Co. v. Montana Eighth Judicial Dist. Ct., 2021 WL 1132515 (U.S. March 25, 2021): *3 In each of these two cases, a state court held that it had jurisdiction over Ford Motor Company in a products-liability suit stemming…
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Rule 37 Sanctions OK As Basis for Motion in Limine — Damages Evidence Excluded for 26(a)(1)(A)(iii) Disclosure Violation — Whether A Statement Is Puffery Or A Representation of Fact Is A Question of Law — Attorney’s Fees Award Can Be Reduced for Block Billing

Grouse River Outfitters, Ltd. v. Oracle Corp., 2021 WL 754839 (9th Cir. Feb. 26, 2021) (unpublished):MEMORANDUM** *1 Grouse River Outfitters, Ltd. (“Grouse River”) appeals various decisions of the district court. Because the parties are familiar with the facts, we do not recount them here, ex ...
Grouse River Outfitters, Ltd. v. Oracle Corp., 2021 WL 754839 (9th Cir. Feb. 26, 2021) (unpublished):MEMORANDUM** *1 Grouse River Outfitters, Ltd. (“Grouse River”) appeals various decisions of the district court. Because the parties are familiar with the facts, we…
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Party May Intentionally Breach Contract to Advance a Legitimate Economic Self-Interest And Still Rely on Contractual Limitation of Liability Provision — Provision Avoidable Only by Intentional Misconduct Unrelated to Any Legitimate Economic Self-Interest (NY Law)

 Electron Trading, LLC v Morgan Stanley & Co. LLC, 157 A.D.3d 579 (1st Dept. 2018):  [*579]   ...
 Electron Trading, LLC v Morgan Stanley & Co. LLC, 157 A.D.3d 579 (1st Dept. 2018):  [*579]  [**634] Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered May 24, 2017, which, insofar as appealed from as limited by the briefs,…
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Alford Plea Lacks the Probative Value of Conventional Guilty Plea — Generally Insufficient, Alone, to Support Summary Judgment in Civil Action — May Be Admissible — Section 1292(b): Circuit Split May Be Insufficient to Show Substantial Ground for Difference of Opinion Warranting Interlocutory Appeal

State Farm Mut. Auto. Ins. Co. v. Havemeier, 2021 U.S. Dist. LEXIS 41175 (D. Minn. Mar. 5, 2021): This matter is before the Court on Plaintiff State Farm Mutual Automobile Insurance Company's Motion for Certification for Interlocutory Appeal ("Motion"). (Dkt. 51.) The parties have consented to the jurisdiction of this Court pursuant to
State Farm Mut. Auto. Ins. Co. v. Havemeier, 2021 U.S. Dist. LEXIS 41175 (D. Minn. Mar. 5, 2021): This matter is before the Court on Plaintiff State Farm Mutual Automobile Insurance Company’s Motion for Certification for Interlocutory Appeal (“Motion”). (Dkt.…
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Inherent Power & Rule 37 Sanctions: Permissive Adverse Inference Is “Among the Most Restrained in [the Court’s] Arsenal,” As It Could Order Matters Deemed Admitted – 11th Circuit Gives Overly Broad Reading of Rule 26(a)(1) in Dicta (At Odds with Advisory Committee Note)

Higgs v. Costa Crociere S.P.A. Co., 969 F.3d 1295 (11th Cir. 2020): On Christmas Eve, 2014, Joyce Higgs tripped over a bucket in a dining area of the cruise ship Costa Luminosa and sustained serious injuries to her left shoulder. ...
Higgs v. Costa Crociere S.P.A. Co., 969 F.3d 1295 (11th Cir. 2020): On Christmas Eve, 2014, Joyce Higgs tripped over a bucket in a dining area of the cruise ship Costa Luminosa and sustained serious injuries to her left shoulder. …
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Inherent Power And Rule 37 Sanctions: No Dismissal for Perjury During Discovery On Non-Pivotal Issues Exposed on Cross – While Lack of Prejudice Not Dispositive, Judge May Properly Consider Effect of Misconduct on the Litigation

Patrick v. City of Chicago, 2020 WL 5362160 (7th Cir. Sept. 8, 2020): *1 Deon Patrick was convicted of double murder in 1995 and sentenced to life in prison. The convictions were vacated in 2014 and Patrick was released. The Cook County Circuit Court issued a certificate of innocence, see
Patrick v. City of Chicago, 2020 WL 5362160 (7th Cir. Sept. 8, 2020): *1 Deon Patrick was convicted of double murder in 1995 and sentenced to life in prison. The convictions were vacated in 2014 and Patrick was released. The …
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“Claim Splitting Is The Same As Res Judicata But With A Presumption Of A Final Judgment Instead Of An Actual Final Judgment” — No Rule 11 or Section 1927 Sanctions Where Law Complex (Does Denial Of A Motion For Leave To Amend A Complaint Constitute A Final Judgment On The Merits?) And Prior Decision Allowed Suit to Proceed

Church Joint Venture, L.P. v. Blasingame, 817 Fed.Appx. 142 (6th Cir. 2020): This appeal is the latest installment in the decade-long saga of the Blasingame family bankruptcy, which has involved two proceedings in the bankruptcy courts, two proceedings in the district court, an appeal to the Bankruptcy Appellate Panel, and two appeals to the Sixth Circuit. The Blasingames filed for bankr ...
Church Joint Venture, L.P. v. Blasingame, 817 Fed.Appx. 142 (6th Cir. 2020): This appeal is the latest installment in the decade-long saga of the Blasingame family bankruptcy, which has involved two proceedings in the bankruptcy courts, two proceedings in the…
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Recent Posts

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

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

Inherent Power and § 1927 Sanctions: Removal of counsel from case, referral for disciplinary action, and award of fees and costs for assaulting opposing counsel at deposition — Failure to request hearing waive any right to a hearing — Notice and opportunity to be heard required before sua sponte sanctions imposed, whether under Rule 11, the inherent power of the court or § 1927 — Notice may come from court or opposing counsel — Order imposing sanctions cannot provide notice of sanctions — Nature of bad faith requirement for inherent power sanctions: bad faith to obstruct the judicial process or bring about violation of a court order — Sanctions proceeding need not defer (Younger abstention) to disciplinary proceeding involving the same conduct — Sanctions proceeding doesn’t threaten to interfere with disciplinary proceeding — Why District Court is accorded significant deference in matters concerning attorney’s fees

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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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