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

Summary Judgment — Failure to Diligently Pursue Discovery in the Past Is a Reason to Deny Further Discovery — Noncompliance with Rule 56(d) Also Warrants Denial of Request for Further Discovery

Long v. Playboy Enters. Int’l, Inc., 2014 U.S. App. LEXIS 5483 (9th Cir. Mar. 25, 2014): Nor did the district court err in rejecting Long's request for further discovery in order to authenticate screenshots from web sites showing discriminatory pricing for the party. Long had several months to conduct further discovery b ...
Long v. Playboy Enters. Int’l, Inc., 2014 U.S. App. LEXIS 5483 (9th Cir. Mar. 25, 2014): Nor did the district court err in rejecting Long's request for further discovery in order to authenticate screenshots from web sites showing discriminatory pricing…
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RICO — Failure to Allege Racketeering Activity as Enumerated in 18 U.S.C. § 1961(1) Is Fatal to RICO Claim — List of Predicate Acts in Statute Is Exhaustive

Ghosh v. Uniti Bank, 2014 U.S. App. LEXIS 6146 (9th Cir. Mar. 31, 2014): We first address Ghosh's claims. A civil RICO plaintiff must allege a pattern of racketeering activity in order to state a claim under 18 U.S.C. § 1962. Sedima S.P.R.L. v. Imrex Co., Inc, 473 U.S. 479, 481-82 (1985). Ghosh and Investments, h ...
Ghosh v. Uniti Bank, 2014 U.S. App. LEXIS 6146 (9th Cir. Mar. 31, 2014): We first address Ghosh's claims. A civil RICO plaintiff must allege a pattern of racketeering activity in order to state a claim under 18 U.S.C. §…
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Judicial Notice of Geographical Internet Evidence — Travel Distances to One Address from Various Locations — Drawn from Google Maps, World Atlas.com, MapQuest, Yahoo

Va. Innovation Sci., Inc. v. Samsung Elecs. Co., Ltd., 2014 U.S. Dist. LEXIS 44758 (E.D. Va. Mar. 31, 2014): A. Defendants' Request for Judicial Notice Federal Rule of Evidence 201 "governs judicial notice of . . . adjudicative fact[s]." Fed. R. Evid. 201(a). The Court is permit ...
Va. Innovation Sci., Inc. v. Samsung Elecs. Co., Ltd., 2014 U.S. Dist. LEXIS 44758 (E.D. Va. Mar. 31, 2014): A. Defendants' Request for Judicial Notice Federal Rule of Evidence 201 "governs judicial notice of . . . adjudicative fact[s]." Fed.…
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Recusal — Unhappiness with Judge’s Rulings Is Not a Basis for Recusal — Alleged Bias and Prejudice Must Stem from an Extrajudicial Source and Result in a Merits Decision on Extrajudicial Basis

Watkins v. Smith, 2014 U.S. App. LEXIS 5968 (2d Cir. April 1, 2014): As for the plaintiff's motion for recusal, the fact that Plaintiff-Appellant and Appellants were unhappy with the district court's  [*3] legal rulings and other case management decisions is not a basis for recusal, and under no circumstances ...
Watkins v. Smith, 2014 U.S. App. LEXIS 5968 (2d Cir. April 1, 2014): As for the plaintiff's motion for recusal, the fact that Plaintiff-Appellant and Appellants were unhappy with the district court's  [*3] legal rulings and other case management decisions …
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Appealability — An Order Holding a Party in Civil Contempt Order Is Interlocutory and Not Appealable by Party Except on Final Judgment

U.S. Bank N.A. v. Gunn, 2013 U.S. App. LEXIS 26080 (3d Cir. Sept. 10, 2013): The foregoing appellees' motion to dismiss is granted and the appeal is dismissed for lack of appellate jurisdiction. Civil contempt orders are interlocutory and not immediately appealable, Cromaglass Corp. v. Ferm, 500 F.2d 601, ...
U.S. Bank N.A. v. Gunn, 2013 U.S. App. LEXIS 26080 (3d Cir. Sept. 10, 2013): The foregoing appellees' motion to dismiss is granted and the appeal is dismissed for lack of appellate jurisdiction. Civil contempt orders are interlocutory and not …
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Sanctions — Client Punishment for Lawyer’s Acts — Dilatoriness Less Worthy of Dismissal with Prejudice If It Is Lawyer’s Only — Less Reason to Believe Lighter Sanction Won’t Work — No Need to Consider Lesser Sanctions If Bad Faith

Bergstrom v. Frascone, 2014 U.S. App. LEXIS 4180 (8th Cir. Mar. 6, 2014): James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months,  [*2] Bergstrom's attorney failed to comply with a court ordered deadl ...
Bergstrom v. Frascone, 2014 U.S. App. LEXIS 4180 (8th Cir. Mar. 6, 2014): James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months,  [*2] Bergstrom's attorney…
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Authentication of Blogs, YouTube Videos, and Transcripts of YouTube Videos — Circumstantial Authentication of Email Evidence — Periodicals: Authentication vs. Hearsay

Randazza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed "investigative blogger." The Randazzas allege that Cox and Defendant ...
Randazza v. Cox, 2014 U.S. Dist. LEXIS 49762 (D. Nev. April 10, 2014): This cybersquatting case arises out of the alleged targeting of Plaintiffs Marc Randazza, his wife Jennifer, and their young daughter Natalia, by Defendant Crystal Cox, a self-proclaimed…
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Forum Selection Clause (FSC) Analyzed Like Arbitration Clause — Broad FSC Covers Tort Claims Arising out of Deal — 6 Theories for Binding Non-Parties to FSC — Unclear Whether State or Federal Law Determines Who Is Bound

Harland Clarke Holdings Corp. v. Milken, 2014 U.S. Dist. LEXIS 13947 (W.D. Tex Feb. 4, 2014): Scantron and Digital entered into a "Securities Purchase Agreement between Scantron Corporation and KUE Digital International, LLC" (the "Purchase Agreement") dated December 15, 2010 [for the purchase of the GlobalScholar ...
Harland Clarke Holdings Corp. v. Milken, 2014 U.S. Dist. LEXIS 13947 (W.D. Tex Feb. 4, 2014): Scantron and Digital entered into a "Securities Purchase Agreement between Scantron Corporation and KUE Digital International, LLC" (the "Purchase Agreement") dated December 15, 2010…
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§ 1927 — Standards for Imposing Liability — Reckless Disregard Sufficient in Fifth Circuit — Prerequisites to Awarding Damages — Not Sanctionable to Pursue Compulsory Counterclaim to Save Parallel State Court Action Where Opponent Refuses Stay

Lawyers Title Insurance Corp. v. Doubletree Partners, LP, 2014 U.S. App. LEXIS 717 (5th Cir. Jan. 14, 2014): In a consolidated appeal, Doubletree's attorneys, Kalis and Martin, challenge the magistrate judge's award of attorneys' fees to Lawyers Title under 28 U.S.C. § 1927. The magistrate judge granted in part Lawyers Ti ...
Lawyers Title Insurance Corp. v. Doubletree Partners, LP, 2014 U.S. App. LEXIS 717 (5th Cir. Jan. 14, 2014): In a consolidated appeal, Doubletree's attorneys, Kalis and Martin, challenge the magistrate judge's award of attorneys' fees to Lawyers Title under 28…
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Arbitration — No Interlocutory Review of Arbitration Proceedings under FAA or Parallel State Statute — Parties May Explicitly Agree to Displace FAA with State Arbitration Statutes

Savers Prop. & Cas. Ins. Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA., 2014 U.S. App. LEXIS 6488 (6th Cir. April 9, 2014): National Union Fire Insurance Company ("National Union") appeals the grant of a preliminary injunction that halted an ongoing arbitration proceeding with Savers Property and Casualty Insurance C ...
Savers Prop. & Cas. Ins. Co. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA., 2014 U.S. App. LEXIS 6488 (6th Cir. April 9, 2014): National Union Fire Insurance Company ("National Union") appeals the grant of a preliminary injunction that…
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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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