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

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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Rule 11 — Finding of Factual Frivolousness Requires that No Evidence, or Only Patently Frivolous Evidence, Is Offered to Support a Claim — Any Evidence, Even If Weak or Self-Serving, Precludes Sanctions

Lawson v. Sec’y, Dep’t of Corr., 2014 U.S. App. LEXIS 7199 (11th Cir. April 17, 2014): Ross Lawson, proceeding pro se, has filed a motion to reconsider this court's order dated November 14, 2013, denying his motion for an injunction pending appeal.1 He also appeals the district court's dismissal of his 42 U.S.C. ...
Lawson v. Sec’y, Dep’t of Corr., 2014 U.S. App. LEXIS 7199 (11th Cir. April 17, 2014): Ross Lawson, proceeding pro se, has filed a motion to reconsider this court's order dated November 14, 2013, denying his motion for an injunction…
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RICO — Closed-End Continuity = at Least 2 Years — Open-End Not Shown by Fact the Enterprise Primarily Conducts a Legitimate Business Where the Nature of the Predicate Acts Do Not Imply a Continuing Threat Because All Are Directed at a Finite Goal

W&D Imports, Inc. v. Lia, 2014 U.S. App. LEXIS 7038 (2d Cir. April 16, 2014): Plaintiffs-Appellants W&D Imports,  [*2] Inc. d/b/a Willis Honda and David Davis (together "Willis") appeal from the April 23, 2013 judgment of the District Court dismissing all of Willis's claims against American Honda Motor ...
W&D Imports, Inc. v. Lia, 2014 U.S. App. LEXIS 7038 (2d Cir. April 16, 2014): Plaintiffs-Appellants W&D Imports,  [*2] Inc. d/b/a Willis Honda and David Davis (together "Willis") appeal from the April 23, 2013 judgment of the District Court dismissing…
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Text Messages — Circumstantial Evidence of Authenticity — Mere Possession of Device, Standing Alone, Insufficient to Show That Possessor Authored Messages Earlier Issued from Device

State of Missouri v. Francis, 2014 Mo. App. LEXIS 473 (Mo. Ct. App. April 29, 2014): First and foremost is the fundamental failure of the State to establish at trial that the outgoing text messages were written by Appellant. This failure is accentuated by the modern authority on admissions by a party opponent, particu ...
State of Missouri v. Francis, 2014 Mo. App. LEXIS 473 (Mo. Ct. App. April 29, 2014): First and foremost is the fundamental failure of the State to establish at trial that the outgoing text messages were written by Appellant. This…
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Importance of Considering Lesser Sanctions Where Central Blame Lay with Strategic Decisions of Counsel — General Inappropriateness of Penalizing Blameless Client for Attorney’s Behavior (Good Quotes)

Flores v. Ethicon, Inc., 2014 U.S. App. LEXIS 5751 (4th Cir. Mar. 28, 2014) (Wynn, J., concurring that the district court acted within its discretion in dismissing the case without prejudice as a sanction for Plaintiffs' refusal to comply with the district court's pretrial discovery procedures, but dissenting from the lower court’s denial of Pl ...
Flores v. Ethicon, Inc., 2014 U.S. App. LEXIS 5751 (4th Cir. Mar. 28, 2014) (Wynn, J., concurring that the district court acted within its discretion in dismissing the case without prejudice as a sanction for Plaintiffs' refusal to comply with…
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Sanctions — Rule 11 Inapplicable to Discovery — Applicable Rules and § 1927 Trump Inherent Power — Elements of a § 1927 Violation

Hilburn v. Bayonne Parking Auth., 2014 U.S. App. LEXIS 6246 (3d Cir. April 4, 2014): Peter Hilburn and Felicia  [*2] Ryan appeal from the District Court's order granting Appellees' Motion for Summary Judgment and imposing sanctions. Specifically, Appellants argue that they presented sufficient evidence to sur ...
Hilburn v. Bayonne Parking Auth., 2014 U.S. App. LEXIS 6246 (3d Cir. April 4, 2014): Peter Hilburn and Felicia  [*2] Ryan appeal from the District Court's order granting Appellees' Motion for Summary Judgment and imposing sanctions. Specifically, Appellants argue that…
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Recent Posts

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

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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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