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

Rule 37(c)(1) Sanctions — Damages Evidence Excluded for Failure to Include Computation in Either Initial Disclosures or Expert Report — No Excuse That Recalculation Would Have Been Necessary Once Dispute over Methodology Resolved

City of Rome v. Hotels.com, LP, 2013 U.S. App. LEXIS 24745 (11th Cir. Dec. 13, 2013): Plaintiff City of Rome, on behalf of the certified class of over 250 cities and counties throughout Georgia ("the Localities"), appeals both the district court's grant of summary judgment on its claims for back taxes allegedly ...
City of Rome v. Hotels.com, LP, 2013 U.S. App. LEXIS 24745 (11th Cir. Dec. 13, 2013): Plaintiff City of Rome, on behalf of the certified class of over 250 cities and counties throughout Georgia ("the Localities"), appeals both the district …
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Evidence — Admissibility Issues in Diversity Action Governed by Federal, Not State, Law “So Long As They Can Rationally Be Viewed As Procedural”

Mahmood v. Narciso, 2013 U.S. App. LEXIS 24945 (3d Cir. Dec. 17, 2013): Sania Mahmood ("Mahmood" or "Appellant") appeals the judgment of the District Court 1 entering a jury verdict and denying a motion for a new trial. *** On May 11, 2009, Mahmood filed a complaint in the Superior Court of New Jersey, nami ...
Mahmood v. Narciso, 2013 U.S. App. LEXIS 24945 (3d Cir. Dec. 17, 2013): Sania Mahmood ("Mahmood" or "Appellant") appeals the judgment of the District Court 1 entering a jury verdict and denying a motion for a new trial. *** On…
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Newspaper Articles as Hearsay — Website Evidence: Hearsay and Authentication

Southco, Inc. v. Fivetech Tech. Inc., 2013 U.S. Dist. LEXIS 161489 (E.D. Pa. Nov. 12, 2013): IV. Motion to Supplement Southco filed a Motion to Supplement the Record (Docket No. 231) with additional evidence allegedly showing that Fivetech sells captive screws with the Five Pentagon mark in the United States. ...
Southco, Inc. v. Fivetech Tech. Inc., 2013 U.S. Dist. LEXIS 161489 (E.D. Pa. Nov. 12, 2013): IV. Motion to Supplement Southco filed a Motion to Supplement the Record (Docket No. 231) with additional evidence allegedly showing that Fivetech sells captive…
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Supreme Court: CAFA — “Mass Action” Refers to Claims Brought by 100 or More Plaintiffs, Not 100 or More Real Parties in Interest — Good Quotes on Statutory Interpretation

  JUSTICE SOTOMAYOR delivered the opinion of the Court. Mississippi ex rel. Hood v. AU Optronics Corp., 2014 U.S. LEXIS 645 (U.S. Jan. 14, 2014):   Under the Class Action Fairness Act of 2005 (CAFA or  Act), defendants in civil suits may remove "mass actions" from state to federal court. CAFA defines ...
JUSTICE SOTOMAYOR delivered the opinion of the Court. Mississippi ex rel. Hood v. AU Optronics Corp., 2014 U.S. LEXIS 645 (U.S. Jan. 14, 2014):   Under the Class Action Fairness Act of 2005 (CAFA or  Act), defendants in civil suits may…
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Web Chats on Party’s Computer Authenticated by His Admission He Used Name Used in Chats — Also Admissible As Circumstantial Evidence Linking Him to Material — Unknown Speakers’ Messages Admissible as Context for Responses

United States v. Manning, 2014 U.S. App. LEXIS 76 (8th Cir. Jan. 3, 2014): i. Chat Transcripts Manning argues that the district court abused its discretion in admitting chat transcripts related to the usernames "boost_virgin" and "mem659" discovered on Manning's computer. These chat ...
United States v. Manning, 2014 U.S. App. LEXIS 76 (8th Cir. Jan. 3, 2014): i. Chat Transcripts Manning argues that the district court abused its discretion in admitting chat transcripts related to the usernames "boost_virgin" and "mem659" discovered on Manning's…
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Supreme Court on Personal Jurisdiction — General Jurisdiction over Foreign Corporation Exists Only If Its Affiliations with the State Are So Continuous and Systematic As to Render It “Essentially at Home in the Forum State

Daimler AG v. Bauman, 2014 U.S. LEXIS 644 (U.S. Jan. 14, 2014): This case concerns the authority of a court in the United States to entertain a claim brought by foreign plaintiffs against a foreign defendant based on events occurring entirely outside the United States. The litigation commenced in  2004, when twen ...
Daimler AG v. Bauman, 2014 U.S. LEXIS 644 (U.S. Jan. 14, 2014): This case concerns the authority of a court in the United States to entertain a claim brought by foreign plaintiffs against a foreign defendant based on events occurring…
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Personal Jurisdiction & Default Judgments — Who Bears the Burden of Proving Personal Jurisdiction on a Motion to Vacate a Default Judgment? Circuit Split

Arpaio v. Dupre, 527 F. App'x 108 (3d Cir. 2013): Footnote 4.  We note the circuit split regarding which party bears the burden of proof in establishing personal jurisdiction in a motion to vacate a default judgment. Bally Exp. Corp. v. Balicar, Ltd., 804 F.2d 398, 401 (7th Cir. 1986) ("There is not agree ...
Arpaio v. Dupre, 527 F. App'x 108 (3d Cir. 2013): Footnote 4.  We note the circuit split regarding which party bears the burden of proof in establishing personal jurisdiction in a motion to vacate a default judgment. Bally Exp. Corp.…
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RICO — Elements of Associated-in-Fact Enterprise — Failure to Identify Common Purpose or Course of Conduct Vitiates RICO Claim for Failure to State “Ongoing Criminal Enterprise”

Crowe v. Clark, 2014 U.S. App. LEXIS 504 (10th Cir. Jan. 10, 2014): Vicki Dillard Crowe, proceeding pro se, appeals the dismissal of her civil rights complaint alleging constitutional and statutory violations stemming from the foreclosure of her Denver, Colorado home and her subsequent eviction from it. The district ...
Crowe v. Clark, 2014 U.S. App. LEXIS 504 (10th Cir. Jan. 10, 2014): Vicki Dillard Crowe, proceeding pro se, appeals the dismissal of her civil rights complaint alleging constitutional and statutory violations stemming from the foreclosure of her Denver, Colorado …
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Scope and Limits of Judicial Immunity — District Court Retains Jurisdiction to Impose Sanctions after Notice of Appeal Filed — Vexatious Litigant Injunction

Rodriguez v. Doe, 2013 U.S. App. LEXIS 24613 (4th Cir. Dec. 11, 2013): "[J]udicial immunity is an immunity from suit,   not just from ultimate assessment of damages." Mireles v. Waco, 502 U.S. 9, 11, 112 S.Ct. 286, 288 (1991). Judicial immunity can be overcome only where: (1) the judge engaged in ...
Rodriguez v. Doe, 2013 U.S. App. LEXIS 24613 (4th Cir. Dec. 11, 2013): "[J]udicial immunity is an immunity from suit,   not just from ultimate assessment of damages." Mireles v. Waco, 502 U.S. 9, 11, 112 S.Ct. 286, 288 (1991). Judicial …
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Email May Constitute “Signed Writing” within Statute of Frauds

Warshaw Burstein Cohen Schlesinger & Kuh, LLP v. Birnbaum, 2011 N.Y. Misc. LEXIS 6836 (Sup. Ct. N.Y. Cnty. May 5, 2011): In this action to recover for attorneys' fees allegedly due and owing, defendants Arthur ("Mr. Birnbaum") and Beth Birnbaum ("Mrs. Birnbaum") (collectively, "defendant ...
Warshaw Burstein Cohen Schlesinger & Kuh, LLP v. Birnbaum, 2011 N.Y. Misc. LEXIS 6836 (Sup. Ct. N.Y. Cnty. May 5, 2011): In this action to recover for attorneys' fees allegedly due and owing, defendants Arthur ("Mr. Birnbaum") and Beth Birnbaum…
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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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