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

28 USC § 1782 — The Lingering Uncertainty as to Whether International Arbitration Constitutes a Foreign or International Tribunal under the Statute

GEA Group AG v. Flex-N-Gate Corp., 740 F.3d 411, 419 (7th Cir. 2014): GEA must have known that Flex-N-Gate could have asked the district judge to provide evidence to "a foreign or international tribunal," as district judges are authorized to do by 28 U.S.C. § 1782.... The German panel conducting the arbitration bet ...
GEA Group AG v. Flex-N-Gate Corp., 740 F.3d 411, 419 (7th Cir. 2014): GEA must have known that Flex-N-Gate could have asked the district judge to provide evidence to "a foreign or international tribunal," as district judges are authorized to…
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Sanctions — No Need for Evidentiary Hearing to Satisfy Due Process Where Complainant Cannot Identify Any Evidence It Would Have Presented — Post-Dismissal Jurisdiction to Impose Inherent Power Sanctions

Haviland v. Specter, 2014 U.S. App. LEXIS 5238 (3d. Cir. Mar. 20, 2014): Neil Sedaka's observation that "Breaking Up Is Hard to Do" rings true whether the separation relates to lovers or lawyers. This case concerns the latter. Appellant Donald Haviland is a lawyer formerly employed by Kline & Specter, P.C. ...
Haviland v. Specter, 2014 U.S. App. LEXIS 5238 (3d. Cir. Mar. 20, 2014): Neil Sedaka's observation that "Breaking Up Is Hard to Do" rings true whether the separation relates to lovers or lawyers. This case concerns the latter. Appellant Donald…
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Juror’s Facebook Email to Witness during Trial Requires Remand — Repeated, Broad Social Media Instructions Needed Multiple Times in all Trials — Good Quotes on Social Media and Jury Trials

  State v. Smith, 418 S.W.3d 38 (Tenn. Sup. Ct. 2013): This appeal concerns the appropriate response when a trial court learns during a jury's deliberations that a juror exchanged Facebook messages with one of the State's witnesses during the trial. A criminal court in Davidson County declined the defe ...
State v. Smith, 418 S.W.3d 38 (Tenn. Sup. Ct. 2013): This appeal concerns the appropriate response when a trial court learns during a jury's deliberations that a juror exchanged Facebook messages with one of the State's witnesses during the trial…
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28 U.S.C. § 1782 — No Abuse of Discretion to Deny Discovery That Foreign Tribunal Has Previously Ruled Irrelevant — § 1782 Orders Are Final and Immediately Appealable under § 1291

Astonics Advanced Elec. Sys. Corp. v. Lufthansa Technik AG, 2014 U.S. App. LEXIS 4322 (9th Cir. Mar. 7, 2014): Astronics Advanced Electronic Systems Corporation (AES) filed a petition under 28 U.S.C. § 1782 in the Western  [*2] District of Washington seeking discovery from Lufthansa Technik AG (Lufthansa) for use in ...
Astonics Advanced Elec. Sys. Corp. v. Lufthansa Technik AG, 2014 U.S. App. LEXIS 4322 (9th Cir. Mar. 7, 2014): Astronics Advanced Electronic Systems Corporation (AES) filed a petition under 28 U.S.C. § 1782 in the Western  [*2] District of Washington…
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Does a Putative Class Plaintiff Have Standing to Sue on Behalf of Consumers Who Purchased Similar But Not Identical Products? Circuit Split

Vasic v. Patent health, LLC, 2014 U.S. Dist. LEXIS 33181 (S.D. Ohio Mar. 10, 2014): First, Defendants contend Plaintiff does not have standing for any claims based on the Fast-Acting Trigosamine Product because Plaintiff never purchased this product. In response, Plaintiff argues that he can assert claims on behalf of the class based ...
Vasic v. Patent health, LLC, 2014 U.S. Dist. LEXIS 33181 (S.D. Ohio Mar. 10, 2014): First, Defendants contend Plaintiff does not have standing for any claims based on the Fast-Acting Trigosamine Product because Plaintiff never purchased this product. In response,…
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Rule 11 — Sua Sponte vs. Sanctions Sought by Motion — Different Standards in Second Circuit — Good Quotes

Muhammad v. Wal-Mart Stores East, LP, 2013 U.S. App. LEXIS 20589 (Aug. 19, 2013): Christina Agola is an attorney practicing primarily employment law in the Western District of New York. She has a long disciplinary history in the courts of this Circuit. See, e.g., In re Agola, 484 F. App'x 594 (2d Ci ...
Muhammad v. Wal-Mart Stores East, LP, 2013 U.S. App. LEXIS 20589 (Aug. 19, 2013): Christina Agola is an attorney practicing primarily employment law in the Western District of New York. She has a long disciplinary history in the courts of…
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Judicial Notice of Internet Evidence — Court May Take Judicial Notice of Public Records and Government Documents on Governmental Websites

Hadley v. Chrysler Grp. LLC, 2014 U.S. Dist. LEXIS 32547 (E.D. Mich. Mar. 13, 2014): New Chrysler did not manufacture the Class Vehicles, nor did it even exist when the vehicles were manufactured. Rather, New Chrylser was incorporated on April 28, 2009 (see ECF No. 11-2),2 in relation to the bankruptcy of the now d ...
Hadley v. Chrysler Grp. LLC, 2014 U.S. Dist. LEXIS 32547 (E.D. Mich. Mar. 13, 2014): New Chrysler did not manufacture the Class Vehicles, nor did it even exist when the vehicles were manufactured. Rather, New Chrylser was incorporated on April…
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Do Rule 9(b)’s Heightened Pleading Requirements Apply to Negligent Misrepresentation Claims? — Three-Way Circuit Split

Lakeshore Eng’ring v. Richmond Utilities Board, 2014 U.S. Dist. LEXIS 34223 (E.D. Ky. Mar. 17, 2014): HDR is correct in concluding that Rule 9(b) applies to state-law negligent-misrepresentation claims brought under Kentucky law. In Republic Bank, the plaintiff brought claims of both fraud and negligent misrepresen ...
Lakeshore Eng’ring v. Richmond Utilities Board, 2014 U.S. Dist. LEXIS 34223 (E.D. Ky. Mar. 17, 2014): HDR is correct in concluding that Rule 9(b) applies to state-law negligent-misrepresentation claims brought under Kentucky law. In Republic Bank, the plaintiff brought claims…
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Rule 611(a) Summary Chart Introduced as Pedagogical Aide Must Be Linked to Admitted Evidence — Chart Proponent Bears Burden of Proving Admissibility of Summarized Evidence

United States v. Irvin, 682 F.3d 1254 (10th Cir. 2012): 1. Admission of Exhibit 1-2 The testimony of cooperating defendant Sparks formed much of the government's case against Miller and Irvin. Over the course of four days, Sparks described the various forgeries, misrepresentations, and other fraudulent acti ...
United States v. Irvin, 682 F.3d 1254 (10th Cir. 2012): 1. Admission of Exhibit 1-2 The testimony of cooperating defendant Sparks formed much of the government's case against Miller and Irvin. Over the course of four days, Sparks described the…
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PSLRA’s RICO Bar Applies to Extraterritorial Securities Fraud Not Actionable in U.S. — Key Is Nature of Conduct, Not Actionability — If One Prong of Conduct Is Barred, Entire Scheme Barred

Perkumpulan Investor Crisis Center Dressel – WBG v. Wong, 2014 U.S. Dist. LEXIS 33797 (W.D. Wash. Mar. 14, 2014): C. RICO and the Private Securities Litigation Reform Act Congress enacted the Racketeer Influenced  [*21] and Corrupt Organizations Act of 1970 ("RICO") to "seek t ...
Perkumpulan Investor Crisis Center Dressel – WBG v. Wong, 2014 U.S. Dist. LEXIS 33797 (W.D. Wash. Mar. 14, 2014): C. RICO and the Private Securities Litigation Reform Act Congress enacted the Racketeer Influenced  [*21] and Corrupt Organizations Act of 1970…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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