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

Posner, J.: “The Legal Profession Must Get over Its Fear and Loathing Of Science” — Good Quotes

Jackson v. Pollion, 2013 U.S. App. LEXIS 21983 (7th Cir. Oct. 28, 2013): The plaintiff, an inmate of an Illinois prison, has sued, under 42 U.S.C. § 1983--the ubiquitous federal constitutional tort statute--a nurse practitioner and a correctional counselor both of whom work at the prison. He accuses them of having been deliberately ...
Jackson v. Pollion, 2013 U.S. App. LEXIS 21983 (7th Cir. Oct. 28, 2013): The plaintiff, an inmate of an Illinois prison, has sued, under 42 U.S.C. § 1983–the ubiquitous federal constitutional tort statute–a nurse practitioner and a correctional counselor both…
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Vexatious Litigants — Inherent Power Sanctions — Filing Restrictions on Future Appeals

Landrith v. Schmidt, 732 F.3d 1171 (10th Cir. 2013): Simply put, Landrith has strained this court's resources with his frivolous and abusive pro se filings, which have only increased as of late. His 2011 mandamus petition and the four appeals he filed in 2012 and 2013 presented arguments with fundamental legal flaws, and none wer ...
Landrith v. Schmidt, 732 F.3d 1171 (10th Cir. 2013): Simply put, Landrith has strained this court's resources with his frivolous and abusive pro se filings, which have only increased as of late. His 2011 mandamus petition and the four appeals…
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Arbitration Clause Guaranteeing One Party (Here, Employer) Right to Choose Arbitrator and Imposing Impracticably High Administrative Fees on Claimant Void as Unconscionable — Other Flaws, Too — State Law Not Preempted by FAA

Chavarria vv. Ralphs Grocery Co., 2013 U.S. App. LEXIS 21959 (9th Cir. Oct. 28, 2013): By completing an employment application with Ralphs, all potential employees agree to be bound by Ralphs' arbitration policy. The application contains an acknowledgment that the terms of the mandatory and binding arbitration policy have been ...
Chavarria vv. Ralphs Grocery Co., 2013 U.S. App. LEXIS 21959 (9th Cir. Oct. 28, 2013): By completing an employment application with Ralphs, all potential employees agree to be bound by Ralphs' arbitration policy. The application contains an acknowledgment that the…
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§ 1782 Discovery — Courts Guided by the Standards of Rule 26 — Factors for Determining Whether There Is Good Cause to Allow Early Discovery to Determine the Identity of an Unknown Person

In re Ex Parte Application of Bertina Jommi, Petitioner, For an Order Pursuant to 28 U.S.C. § 1782, 2013 U.S. Dist. LEXIS 163201 (N.D. Cal. Nov. 15, 2013): Petitioner Bertina Jommi filed an Ex Parte Application For an Order Pursuant to 28 U.S.C § 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings. (Dkt. 1.) Peti ...
In re Ex Parte Application of Bertina Jommi, Petitioner, For an Order Pursuant to 28 U.S.C. § 1782, 2013 U.S. Dist. LEXIS 163201 (N.D. Cal. Nov. 15, 2013): Petitioner Bertina Jommi filed an Ex Parte Application For an Order Pursuant…
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Securities — Supreme Court to Revisit Fraud on the Market and Consider Whether Defendant May Rebut Presumption of Reliance at Class Certification by Showing That the Alleged Misrepresentation Did Not Distort the Stock Price

Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. Nov. 15, 2013) (available at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-317.htm), granting certiorari: QUESTIONS PRESENTED: 1. Whether this Court should o ...
Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. Nov. 15, 2013) (available at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-317.htm), granting certiorari: QUESTIONS PRESENTED: 1. Whether this Court should overrule or substantially modify the holding of Basic Inc. v. Levinson, 485 U.S.…
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Where Counsel Files Multiple Suits, Each <100 Plaintiffs, and Doesn't Propose Joint Trial, CAFA Removal Improper — Maybe OK If State Court Sua Sponte Orders Joint Trial — Good Quote re Stretching Opinion’s Reasoning Beyond Its Breaking Point

Scimone v. Carnival Corp., 720 F.3d 876 (11th Cir. 2013): In 2012, one of Appellants' cruise ships, the Costa Concordia, ran aground off the coast of Italy. In the wake of the accident, many of the Costa Concordia's passengers sued Appellants (collectively referred to in this opinion as "Carnival"), filing dozens of ...
Scimone v. Carnival Corp., 720 F.3d 876 (11th Cir. 2013): In 2012, one of Appellants' cruise ships, the Costa Concordia, ran aground off the coast of Italy. In the wake of the accident, many of the Costa Concordia's passengers sued…
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Facebook — Authentication of Page and Attribution to Specific Person

In the Interest of LP, a Child, 2013 Ga. App. LEXIS 798 (Ga. App. Oct. 2, 2013): Using L. P.'s known street name, "Alley for Real," Lieutenant Richardson found a user profile on Facebook that used the identity "Alley for Real," listed a birth month and day that matched L. P.'s, and included pictures of L ...
In the Interest of LP, a Child, 2013 Ga. App. LEXIS 798 (Ga. App. Oct. 2, 2013): Using L. P.'s known street name, "Alley for Real," Lieutenant Richardson found a user profile on Facebook that used the identity "Alley for…
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Legal Malpractice — Judicial Proceedings Privilege Protects Lawyers from Liability for Statements Made in and Pertinent to Litigation — Applies to All Causes of Action — Not Limited to Defamation Claims

Hadar v. Pierce, 2013 N.Y. App. Div. LEXIS 7376 (1st Dept. Nov. 12, 2013): The first through fourth causes of action are based on the purportedly false statements made in the complaint in a prior Supreme Court action and the petition in a Surrogate's Court proceeding, both of which were signed by defendants. These statemen ...
Hadar v. Pierce, 2013 N.Y. App. Div. LEXIS 7376 (1st Dept. Nov. 12, 2013): The first through fourth causes of action are based on the purportedly false statements made in the complaint in a prior Supreme Court action and the …
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The Statute of Limitations for a Criminal Legal Malpractice or Malicious Prosecution Plaintiff Commences Only after All Charges Have Been Disposed of in His or Her Favor — No Claim Lies While Charges Pending

Kanciper v. Lato, 2013 U.S. Dist. LEXIS 159725 (E.D.N.Y. Nov. 7, 2013): [T]he Plaintiff's state law causes of actions accrue when the entire underlying action or proceeding is dismissed. Here, because the underlying indictment remained pending until the Appellate Division reversal, the causes of action for malic ...
Kanciper v. Lato, 2013 U.S. Dist. LEXIS 159725 (E.D.N.Y. Nov. 7, 2013): [T]he Plaintiff's state law causes of actions accrue when the entire underlying action or proceeding is dismissed. Here, because the underlying indictment remained pending until the Appellate Division…
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Securities — § 15(a)(1) of ’34 Act Affords Private Right of Action — Rescission Available under § 29(b) to Stranger to Contract — Privity Inferrable from Cross-References to Other Contracts to Which Plaintiff Was Party

Landegger v. Cohen, 2013 U.S. Dist. LEXIS 159734 (D. Colo. Nov. 7, 2013): The crux of Plaintiff's claim is predicated on the unregistered broker status of Defendants Cohen and Young, respectively. Because of this status, Plaintiff contends that the securities' contracts entered into with Defendants were unlawful under Section ...
Landegger v. Cohen, 2013 U.S. Dist. LEXIS 159734 (D. Colo. Nov. 7, 2013): The crux of Plaintiff's claim is predicated on the unregistered broker status of Defendants Cohen and Young, respectively. Because of this status, Plaintiff contends that the securities'…
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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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