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

RICO—PSLRA Bars Claim Based on Scheme to Lend Money for Purpose of Buying Securities—Selling Securities Was a Necessary Component of the Scheme and Integral to the Relationship between Plaintiffs and Defendants—In Connection With Factors

Calderón Serra v. Banco Santander P.R., 2014 U.S. App. LEXIS 5554 (1st Cir. Mar. 26, 2014): Plaintiffs press a RICO claim against their bank and others over what they claim was an unlawful scheme to lend plaintiffs money in violation of federal margin requirements limiting the extent to which securities can be used as collate ...
Calderón Serra v. Banco Santander P.R., 2014 U.S. App. LEXIS 5554 (1st Cir. Mar. 26, 2014): Plaintiffs press a RICO claim against their bank and others over what they claim was an unlawful scheme to lend plaintiffs money in violation …
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Spoliation — Not Error to Decline Spoliation Instruction and Instead Permit Aggrieved Party to Argue That Missing Records Would Have Been Favorable — Violation of Regulation, As Opposed to Statute, ≠ Negligence Per Se

Mann v. Redman Van & Storage Co., Inc., 2013 U.S. App. LEXIS 21047 (9th Cir. Oct. 17, 2013): The Manns, Plaintiffs-Appellants, appeal from a district court's denial of their Rule 59 motion for a new trial following a jury verdict in Defendant-Appellee Redman's favor. The Manns and defendant Redman's employee, Anderson, we ...
Mann v. Redman Van & Storage Co., Inc., 2013 U.S. App. LEXIS 21047 (9th Cir. Oct. 17, 2013): The Manns, Plaintiffs-Appellants, appeal from a district court's denial of their Rule 59 motion for a new trial following a jury verdict…
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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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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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