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

Inherent Power: Does the Clear-and-Convincing Standard Apply to the Inherent Power to Sanction or Only to the Inherent Power to Vacate a Judgment for Fraud on the Court? — Only the Latter in the Sixth Circuit

Jaiyeola v. Toyota Motor N. Am., Inc., 2022 WL 18401018 (6th Cir. 2022) (unpublished): ORDER *1 Ganiyu Ayinla Jaiyeola, a pro se California resident, appeals the district court’s order denying his motion for sanctions against two defense attorneys. Jaiyeola has filed two motions asking this court take judicial notice that he is suing a third defe ...
Jaiyeola v. Toyota Motor N. Am., Inc., 2022 WL 18401018 (6th Cir. 2022) (unpublished): ORDER *1 Ganiyu Ayinla Jaiyeola, a pro se California resident, appeals the district court’s order denying his motion for sanctions against two defense attorneys. Jaiyeola has…
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Spoliation — “Intent” for purposes of Rule 37(e)(2) Is Satisfied If It Is Reasonable to Infer That the Alleged Spoliator Purposefully destroyed evidence to Avoid Its Litigation Obligations

Estate of Moreno v. Corr. Healthcare Cos., 2020 U.S. Dist. LEXIS 108370, 2020 WL 5740265 (E.D. Wash. June 1, 2020): ORDER GRANTING PLAINTIFFS'
Estate of Moreno v. Corr. Healthcare Cos., 2020 U.S. Dist. LEXIS 108370, 2020 WL 5740265 (E.D. Wash. June 1, 2020): ORDER GRANTING PLAINTIFFS’ RULE 37(e) MOTION FOR DEFAULT JUDGMENT BEFORE THE COURT is Plaintiffs’ Rule 37(e) Motion…
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Sixth Circuit Joins Seventh in Holding That The Inherent Power Sanctions May Be Imposed on Third-Party Non-Lawyer (Here, Ex-Lawyer) Engaged in The Unauthorized Practice of Law

United States v. Jones, 2023 U.S. App. LEXIS 3317 (6th Cir. Feb. 9, 2023) (unpublished): *1 Following a trial by jury, Defendant Elmer Jones appeals his conviction on four counts of possession with intent to distribute controlled substances in violation of
United States v. Jones, 2023 U.S. App. LEXIS 3317 (6th Cir. Feb. 9, 2023) (unpublished): *1 Following a trial by jury, Defendant Elmer Jones appeals his conviction on four counts of possession with intent to distribute controlled substances in violation…
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Fourfold Purpose of Rule 37 Sanctions

Sensiva Health, L.L.C. v. Universal Meditech, Inc., 2022 U.S. Dist. LEXIS 223074, *13, 2022 WL 17576345, *5 (E.D. La. Nov. 18, 2022) (Report and Recommendation), modified and adopted (sanction affirmed), Sensiva Health, L.L.C. v. Universal Meditech, Inc., ...
Sensiva Health, L.L.C. v. Universal Meditech, Inc., 2022 U.S. Dist. LEXIS 223074, *13, 2022 WL 17576345, *5 (E.D. La. Nov. 18, 2022) (Report and Recommendation), modified and adopted (sanction affirmed), Sensiva Health, L.L.C. v. Universal Meditech, Inc., 2022 U.S.…
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Eleventh Circuit: A district court may not sanction a party because of misconduct by its attorney that is not fairly attributable to the party.

Carter v. Wal-Mart Stores E., LP, 2023 U.S. App. LEXIS 1244, 2023 WL 309034 (11th Cir. Jan. 19, 2023) ...
Carter v. Wal-Mart Stores E., LP, 2023 U.S. App. LEXIS 1244, 2023 WL 309034 (11th Cir. Jan. 19, 2023) (per curiam): *1 Victoria Carter sued Wal-Mart Stores East, LP, after she slipped and fell in a puddle on the…
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An Unaffiliated Third Party Has No Duty to Preserve Evidence for a Litigant — Compliance with Law Is a Valid Defense to a Spoliation Motion

Brown v. Nolen, 2022 U.S. App. LEXIS 35917 (D.C. Cir. Dec. 29, 2022) (unpublished): JUDGMENT This petition for review was considered on the record from the National Transportation Safety Board and on the briefs and or ...
Brown v. Nolen, 2022 U.S. App. LEXIS 35917 (D.C. Cir. Dec. 29, 2022) (unpublished): JUDGMENT This petition for review was considered on the record from the National Transportation Safety Board and on the briefs and oral argument of the parties.…
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$500 Sanction Under Rule 16(f)(1) Does Not Require Full Criminal Contempt Procedures, Goodyear Notwithstanding — Due Process Failure If Sanctions Imposed For Reasons Not Set Forth in Order to Show Cause — Rule 16(f) Does Not Authorize Sanctions for Lack of Candor, Unlike Rule 11

Banks v. Whambo! Enter., LLC, 2022 U.S. App. LEXIS 31400, 2022 WL 16918023 (9th Cir. Nov. 14, 2022) (unpublished) Key Takeaways:  “Taibi’s reliance on
Banks v. Whambo! Enter., LLC, 2022 U.S. App. LEXIS 31400, 2022 WL 16918023 (9th Cir. Nov. 14, 2022) (unpublished) Key Takeaways:  “Taibi’s reliance on Goodyear Tire & Rubber Co. v. Haeger, 137 S. Ct. 1178 (2017), is misplaced. …
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Even If Parties Share a Discovery Vendor, the Producing Party Bears the Burden of Ensuring That Its Directions to the Vendor Are Complete And Accurate — The Producing Party Must Certify Its Responses and Production under Rule 26(g)

Am. Consol. Indus., Inc. v. Blasingim, 2022 U.S. Dist. LEXIS 226203 (N.D. Ohio Dec. 15, 2022): Key Takeaways Rule 26(g)(1) requires, among other things, that every discovery response or objection "must be signe ...
Am. Consol. Indus., Inc. v. Blasingim, 2022 U.S. Dist. LEXIS 226203 (N.D. Ohio Dec. 15, 2022): Key Takeaways Rule 26(g)(1) requires, among other things, that every discovery response or objection “must be signed by at least one attorney of record.” …
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Rule 37 sanctions must flow from the discovery violation

ADASA Inc. v. Avery Dennison Corp., 2022 U.S. App. LEXIS 34765, 2022 WL 17725736 (Fed. Cir. Dec. 16, 2022): Key Takeaway: “The district court’s award inappropriately includes in the sanction the timely disclosed RFID tags, for which there was no discovery violation and no established harm to ADASA. Cf.
ADASA Inc. v. Avery Dennison Corp., 2022 U.S. App. LEXIS 34765, 2022 WL 17725736 (Fed. Cir. Dec. 16, 2022): Key Takeaway: “The district court’s award inappropriately includes in the sanction the timely disclosed RFID tags, for which there was no …
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The Gibson Dunn Sanctions Case — Key Takeaways and Full Opinion

In re Facebook, Inc. Consumer Priv. User Profile Litig., 2023 U.S. Dist. LEXIS 22328 (N.D. Cal. Feb. 9, 2023): "The organization has 'a duty to make a conscientious, good-faith effort to designate knowledgeable persons for Rule 30(b)( ...
In re Facebook, Inc. Consumer Priv. User Profile Litig., 2023 U.S. Dist. LEXIS 22328 (N.D. Cal. Feb. 9, 2023): “The organization has ‘a duty to make a conscientious, good-faith effort to designate knowledgeable persons for Rule 30(b)(6) depositions and to …
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Recent Posts

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

FRAP 38 Sanctions: Eleventh Circuit Generally Declines to Impose FRAP 38 Sanctions on Pro Se Appellants Absent a History of Frivolous Litigation or an Explicit Warning

Inherent Power Sanctions for Bad Faith in (1) Misrepresenting Patent Ownership in Amended Complaint and (2) Failing to Supplement Discovery Responses to Rectify This after the Discovery Period Had Closed, Both of Which Led to Continued Litigation After One Plaintiff Had Lost Standing — The Duty To Supplement Discovery Responses under Rule 26(e) Continues Even After The Discovery Period Has Closed — Use of Inherent Power to Sanction Violation of Local Rules That Lack Sanctions Provisions (Sanction Reversed on Other Grounds)

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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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