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

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 LEXIS 3302 (2d Cir. Feb. 21, 2014) (unpublished): Additionally, the district court did not abuse its discretion in ordering sanctions against Plaintiff under § 1927 for improper service.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 LEXIS 3302 (2d Cir. Feb. 21, 2014) (unpublished): Additionally, the district court did not abuse its discretion in ordering sanctions against Plaintiff under § 1927 for improper service.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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Rule 408 as a Prudential Limitation on Discovery of Settlement Communications: Six Views

No. 1.  In re MSTG, Inc., 675 F.3d 1337, 1347 (Fed. Cir. 2012): [T]he district court has discretion to limit discovery of material that is not itself admissible and that was not utilized by the opposing party to protect settlement confidentiality. *** We note that other courts have imposed heightened st ...
No. 1.  In re MSTG, Inc., 675 F.3d 1337, 1347 (Fed. Cir. 2012): [T]he district court has discretion to limit discovery of material that is not itself admissible and that was not utilized by the opposing party to protect settlement…
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RICO & Twombly—If Parties Enter Facially Legitimate Transactions and Operate for Years Thereunder, “Significant…Factual Specificity” Needed to Allege Fraud Plausibly—Judicial Notice of Internet Evidence from Nonpartisan Research Entity

Eclectic Properties E., LLC v. Marcus & Millichap Co., 2014 U.S. App. LEXIS 8579 (9th Cir. May 7, 2014): We consider whether Plaintiffs-Appellants have pleaded facts sufficient under Federal Rules of Civil Procedure 8(a) and 9(b) to support a plausible theory of Racketeering Influenced and Corrupt Org ...
Eclectic Properties E., LLC v. Marcus & Millichap Co., 2014 U.S. App. LEXIS 8579 (9th Cir. May 7, 2014): We consider whether Plaintiffs-Appellants have pleaded facts sufficient under Federal Rules of Civil Procedure 8(a) and 9(b) to support a …
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Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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

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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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