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

§ 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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Rule 37(c)(1) Sanction of Exclusion of Belatedly-Appointed Expert — Factors — Burden of Proving Justification or Excuse — “Particularly Wide” Discretion Accorded Trial Court, Which Need Not Explicitly Consider Guiding Factors

Wilkins v. Montgomery, 2014 U.S. App. LEXIS 8412 (4th Cir. May 5, 2014): We first discuss Appellant's challenge to the district court's exclusion of her expert, Dr. Voskanian. This issue implicates both the February 8 Order excluding Dr. Voskanian, and the portion of the April 11 Order denying Appellant's Rule 59 motion to ...
Wilkins v. Montgomery, 2014 U.S. App. LEXIS 8412 (4th Cir. May 5, 2014): We first discuss Appellant's challenge to the district court's exclusion of her expert, Dr. Voskanian. This issue implicates both the February 8 Order excluding Dr. Voskanian, and…
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New Amendments to Federal Rules of Civil Procedure, As Approved by Standing Committee 29 May 2014

Download associated file: Proposed Amendments to FRCP Approved by Standing Committee 29 May 2014.pdf  Attached are amendments to the Federal Rules of Civil Procedure that were approved today by the Standing Committee on Rules ...
Download associated file: Proposed Amendments to FRCP Approved by Standing Committee 29 May 2014.pdf  Attached are amendments to the Federal Rules of Civil Procedure that were approved today by the Standing Committee on Rules of Practice and Procedure.  They…
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Rule 11 — Safe Harbor for Surviving Summary Judgment — Factual Allegations Made Collectively against Multiple Related Entities Excused Due to Complexity of Corporate Structure

Manhattan Constr. Co. v. Place Props. LP, 2014 U.S. App. LEXIS 4911 (11th Cir. Mar. 17, 2014): Place Collegiate Properties Company ("PCPC") appeals the district court's decision denying its motion for sanctions. After review and with the benefit of oral argument, we affirm. I. BACKGROUND Ce ...
Manhattan Constr. Co. v. Place Props. LP, 2014 U.S. App. LEXIS 4911 (11th Cir. Mar. 17, 2014): Place Collegiate Properties Company ("PCPC") appeals the district court's decision denying its motion for sanctions. After review and with the benefit of oral…
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RICO — PSLRA Bar — Eleventh Circuit Adopts Broad Reading of Third and Other Circuits — Looks to Criminal, SEC Enforcement Precedents Barring Same Conduct

Licht v. Watson, 2014 U.S. App. LEXIS 9546 (11th Cir. May 22, 2014): I. BACKGROUND Licht is the Managing Director and Chief Operations Officer of Simulated Environment Concepts, Inc. (Simulated). Between 2008 and 2011, Licht alleges that 14 individual and 9 entity defendants orchestrated a "pump-an ...
Licht v. Watson, 2014 U.S. App. LEXIS 9546 (11th Cir. May 22, 2014): I. BACKGROUND Licht is the Managing Director and Chief Operations Officer of Simulated Environment Concepts, Inc. (Simulated). Between 2008 and 2011, Licht alleges that 14 individual and …
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§ 1927 and Inherent Power Sanctions — Ethical Rules as Gauge — Clear & Convincing Evidence — Deceiving Unrepresented Party into Default & Inculpation — Evidence Excluded, Default Opened — Civility Duties — Good Quotes

Marino v. Usher, 2014 U.S. Dist. LEXIS 69521 (E.D. Pa. May 21, 2014): Throughout this copyright litigation, Plaintiff's Counsel, Francis Malofiy, has behaved in a flagrantly unprofessional and offensive manner. Seventeen of the twenty Defendants in this action have moved for the imposition of sanctions against Mr. ...
Marino v. Usher, 2014 U.S. Dist. LEXIS 69521 (E.D. Pa. May 21, 2014): Throughout this copyright litigation, Plaintiff's Counsel, Francis Malofiy, has behaved in a flagrantly unprofessional and offensive manner. Seventeen of the twenty Defendants in this action have moved…
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Arbitration — Does District Court Have Discretion to Dismiss, Rather Than Stay, Action It Determines to Be Arbitrable? Circuit Split

Norfolk s. Rwy. v. Fla. E. Coast Rwy., 2014 U.S. Dist. LEXIS 24737 (M.D. Fla. Feb. 26, 2014): In its Motion to Compel Arbitration, FEC requests that this Court dismiss the instant action, or in the alternative stay the proceeding, and compel arbitration. See FEC Motion to Compel Arbitration at 22. The FAA provides that "u ...
Norfolk s. Rwy. v. Fla. E. Coast Rwy., 2014 U.S. Dist. LEXIS 24737 (M.D. Fla. Feb. 26, 2014): In its Motion to Compel Arbitration, FEC requests that this Court dismiss the instant action, or in the alternative stay the proceeding,…
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Subpoenas — Under 2013 Amendments to Rule 45, Parties and Their Officers May Not Be Subpoenaed to Travel More Than 100 Miles or Outside Their States of Residence or Business

Havens v. Maritime Commc’ns/Land Mobile, LLC, 2014 U.S. Dist. LEXIS 68786 (D.N.J. May 20, 2014): I. Introduction On April 25, 2014, defendant Touch Tel Corporation ("Touch Tel") moved to quash trial subpoenas issued by MCLM to Robert Cooper, its president, and David Kling, its chief engineer.  < ...
Havens v. Maritime Commc’ns/Land Mobile, LLC, 2014 U.S. Dist. LEXIS 68786 (D.N.J. May 20, 2014): I. Introduction On April 25, 2014, defendant Touch Tel Corporation ("Touch Tel") moved to quash trial subpoenas issued by MCLM to Robert Cooper, its president,…
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RICO Plaintiff Can’t Sue for Injury to 3rd Party—Pro Se Can’t Represent Another—Non-Party Can’t Appeal—Awareness of Fraud Bars Mail Fraud Claim—Vague Allegations ≠ RICO Claim—No FRAP 38 Sanctions for Pro Se for Bad Legal Args

Miller v. Pocono Ranch Lands Prop. Owners Ass’n Inc., 2014 U.S. App. LEXIS 3191 (2d Cir. Feb. 21, 2014): Pro se appellant Marlene Miller appeals the District Court's order dismissing her third amended complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. We have jurisdiction under 28 U.S.C. § 1291 and exercise ...
Miller v. Pocono Ranch Lands Prop. Owners Ass’n Inc., 2014 U.S. App. LEXIS 3191 (2d Cir. Feb. 21, 2014): Pro se appellant Marlene Miller appeals the District Court's order dismissing her third amended complaint under Rule 12(b)(6) of the Federal…
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Rule 26(a)(1) Disclosures — Failure to Identify Witnesses That Party “May Use” Not Excused by Their Mention in Produced Documents Nor by Reference to One as Knowledgeable in Interrogatory Answers — 26(e) No Defense

Wallace v. USAA Life Gen. Agency, Inc., 862 F. Supp. 2d 1062 (D. Nev. 2012): This action involves USAA's denial of Plaintiff's claim for life insurance benefits based on the insurer's contention that Plaintiff's deceased husband's life insurance application contained misrepresentations and omissions that were mater ...
Wallace v. USAA Life Gen. Agency, Inc., 862 F. Supp. 2d 1062 (D. Nev. 2012): This action involves USAA's denial of Plaintiff's claim for life insurance benefits based on the insurer's contention that Plaintiff's deceased husband's life insurance application contained…
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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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