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

Inherent Power Sanctions — Bad Faith Litigation Abuse vs. “Fraud on the Court” — Bad Faith Essential for Attorneys’ Fees, Not All Inherent Power Sanctions — State of Mind of Individual Employees, Inhouse Counsel Attributable to Entity

Monsanto Co. v. E.I. Du Pont de Nemours & Co., 2014 U.S. App. LEXIS 8746 (Fed. Cir. May 9, 2014) (applying Eighth Circuit sanctions law): E.I. Du Pont de Nemours and Company and its subsidiary Pioneer Hi-Bred International, Inc. (collectively "DuPont") appeal from the orders of the United States District Court for the Easter ...
Monsanto Co. v. E.I. Du Pont de Nemours & Co., 2014 U.S. App. LEXIS 8746 (Fed. Cir. May 9, 2014) (applying Eighth Circuit sanctions law): E.I. Du Pont de Nemours and Company and its subsidiary Pioneer Hi-Bred International, Inc. (collectively…
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Appeals — Court of Appeals Will Not Consider Matters Not Specifically and Distinctly Raised and Argued in Opening Brief

Beauregard v. State of Washington, 551 Fed. App’x 349 (9th Cir. 2014): We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam). *** Defendants' motion to strike the Beauregards' numerous ...
Beauregard v. State of Washington, 551 Fed. App’x 349 (9th Cir. 2014): We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009)…
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Hearsay — Uncertain Standard of Review — Business Records “Fraught with Double Hearsay” — Authenticating Witness & Personal Knowledge — Business Duty Requirement for Third-Party Speakers (Good Quotes)

Peak v. Kubota Tractor Corp., 2014 U.S. App. LEXIS 9174 (6th Cir. May 16, 2014): Plaintiff-Appellant Anthony Peak ("Plaintiff") was injured after the front-end loader tractor he was using to move boulders malfunctioned, causing the boulders to fall on him, resulting in severe injuries. The jury rendered a verdict fo ...
Peak v. Kubota Tractor Corp., 2014 U.S. App. LEXIS 9174 (6th Cir. May 16, 2014): Plaintiff-Appellant Anthony Peak ("Plaintiff") was injured after the front-end loader tractor he was using to move boulders malfunctioned, causing the boulders to fall on him, …
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§ 1927 Sanctions Imposed for Willful Violation of a Court Order without a Showing of Bad Faith in Circuit Generally Requiring Bad Faith

Pringle v. Adams, 2014 U.S. App. LEXIS 3302 (2d Cir. Feb. 21, 2014) (unpublished): Additionally, the district court did not abuse its discretion in ordering sanctions against Plaintiff under § 1927 for improper service. See Lahiri v. Universal Music & Video Distrib. Corp., 606 F.3d 1216, 1218 (9th Cir. 2010) ...
Pringle v. Adams, 2014 U.S. App. LEXIS 3302 (2d Cir. Feb. 21, 2014) (unpublished): Additionally, the district court did not abuse its discretion in ordering sanctions against Plaintiff under § 1927 for improper service. See Lahiri v. Universal Music &…
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RICO / Sarbanes-Oxley — Federal Statute That Permits Only a Prevailing Plaintiff to Recover Attorney Fees Does Not Implicitly Bar a Defendant from Recovering Fees Authorized Elsewhere

Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014): Sarbanes-Oxley's fee provision states that "[a]n employee prevailing in any action under [the statute] shall be entitled to all relief necessary to make the employee whole," including "reasonable attorney fees." 18 U.S.C. ...
Smith v. Psychiatric Solutions, Inc., 2014 U.S. App. LEXIS 8477 (11th Cir. May 6, 2014): Sarbanes-Oxley's fee provision states that "[a]n employee prevailing in any action under [the statute] shall be entitled to all relief necessary to make the employee…
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Email Authentication Based on Facial Characteristics of the Documents Plus Affidavit from One Conversant — Use of Rule 59(e) or 60 as Vehicle for a “Motion for Reconsideration” — Good Quotes

ATS Int’l Servs., Inc. v. Kousa Int’l, LLC, 2014 U.S. Dist. LEXIS 60796 (D. Md. May 1, 2014): This case arises out of a series of shipping contracts between ATS International Services, Inc. ("ATS") and Kousa International, LLC ("Kousa"). ATS has alleged that Kousa failed to pay for ATS's services, and ATS f ...
ATS Int’l Servs., Inc. v. Kousa Int’l, LLC, 2014 U.S. Dist. LEXIS 60796 (D. Md. May 1, 2014): This case arises out of a series of shipping contracts between ATS International Services, Inc. ("ATS") and Kousa International, LLC ("Kousa"). ATS…
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§ 1927 Sanctions Imposed in Action 1 for Filing Action 2 Based on Same Occurrences, Despite the Fact that Action 2 Was Never Served and the Court Lacked Personal Jurisdiction over Certain of the Action 2 Defendants

Thurmond v. Wayne Cnty’s Sheriff Dep’t, 2014 U.S. App. LEXIS 8190 (6th Cir. April 28, 2014); On remand, the district court re-imposed the sanction of attorney's  [*27] fees in the amount of $4,080 on Thurmond's counsel. The court based the sanction on its finding, under 28 U.S.C. § 1927, that Thurmond's couns ...
Thurmond v. Wayne Cnty’s Sheriff Dep’t, 2014 U.S. App. LEXIS 8190 (6th Cir. April 28, 2014); On remand, the district court re-imposed the sanction of attorney's  [*27] fees in the amount of $4,080 on Thurmond's counsel. The court based the …
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Rule 16(f) Sanctions—Suspension of Deadlines for Settlement Talks Doesn’t Excuse Disregard of Them after Talks Fail, Even If Order Not Expressly Reinstated—Rule 26(e) Irrelevant to 16(f) Violation—Unclean Hands Inapt If Sanctions Sua Sponte

Rorrer v. Cleveland Steel Container, 2014 U.S. App. LEXIS 8079 (3d Cir. April 29, 2014): During a Title VII action, the District Court imposed a monetary sanction against Plaintiffs' counsel ... under Rule 16(f) of the Federal Rules of Civil Procedure for failure to obey the Court's scheduling order. [Plaintif ...
Rorrer v. Cleveland Steel Container, 2014 U.S. App. LEXIS 8079 (3d Cir. April 29, 2014): During a Title VII action, the District Court imposed a monetary sanction against Plaintiffs' counsel … under Rule 16(f) of the Federal Rules of Civil …
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Spoliation — Litigation Becomes Reasonably Foreseeable to a Party No Later Than the Date Asserted for Work Product — Circumstantial Indicia of Relevance of Lost Documents

Sanofi-Aventis Deutschland GMBH v. Glenmark Pharms. Inc., USA, 2014 U.S. App. LEXIS 7392 (Fed. Cir. April 21, 2014): This patent infringement suit concerns the antihypertension drug having the brand name Tarka®. Tarka® is a combination of two active ingredients into a single dosage product: the angiotensin converting enzyme (ACE) in ...
Sanofi-Aventis Deutschland GMBH v. Glenmark Pharms. Inc., USA, 2014 U.S. App. LEXIS 7392 (Fed. Cir. April 21, 2014): This patent infringement suit concerns the antihypertension drug having the brand name Tarka®. Tarka® is a combination of two active ingredients into…
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Internet Evidence — Search Engines — Search Results Require Authentication, Foundation and Hearsay Exceptions to Be Admissible — Wikipedia Inadmissible

Perry v. Lench Mob Records, 2014 U.S. Dist. LEXIS 56581(E.D.N.C. April 23, 2014): II. ENTERTAINMENT ONE'S MOTION FOR SUMMARY JUDGMENT *** The claim plaintiff asserts is not clear. He does not cite any statutory basis for relief. He does not allege or come forward with any evidence that he owns a copy ...
Perry v. Lench Mob Records, 2014 U.S. Dist. LEXIS 56581(E.D.N.C. April 23, 2014): II. ENTERTAINMENT ONE'S MOTION FOR SUMMARY JUDGMENT *** The claim plaintiff asserts is not clear. He does not cite any statutory basis for relief. He does not…
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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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