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

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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Federal Court May Take Judicial Notice of State and Federal Dockets Available on the Internet

Barger v. Warden, 2014 U.S. Dist. LEXIS 26416 (C.D. Cal. Feb. 28, 2014): Petitioner's relevant state court records 1 establish the following facts. He was sentenced for the above offenses on July 2, 2007. On December 23, 2008, the California Court of Appeal affirmed the judgment (case no. B200472). The California Suprem ...
Barger v. Warden, 2014 U.S. Dist. LEXIS 26416 (C.D. Cal. Feb. 28, 2014): Petitioner's relevant state court records 1 establish the following facts. He was sentenced for the above offenses on July 2, 2007. On December 23, 2008, the California…
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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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