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

Sanctions — No Abuse of Discretion in Denying Hearing — Ability to Brief and Submit Evidence via Affidavit Satisfies Due Process

Lambright v. Ryan, 698 F.3d 808 (9th Cir. 2012): In Lambright III, we remanded to the district court with instructions to "resolve any disputed factual questions and make factual findings regarding the circumstances surrounding, and the extent and effect of, the violation" of the protective order prior to determining "whether sanctions ...
Lambright v. Ryan, 698 F.3d 808 (9th Cir. 2012): In Lambright III, we remanded to the district court with instructions to “resolve any disputed factual questions and make factual findings regarding the circumstances surrounding, and the extent and effect of,…
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Certifications of Business Records as Authentic Do Not Violate Defendant’s Confrontation Rights

United States v. Anekwu, 695 F.3d 967 (9th Cir. 2012): Whether certifications of business records violate the Confrontation Clause is an issue of first impression for this Court. See, e.g., Weiland, 420 F.3d at 1076 n.13 ("[W]e need express no opinion on whether the Confrontation Clause requires the government to make the custodian of b ...
United States v. Anekwu, 695 F.3d 967 (9th Cir. 2012): Whether certifications of business records violate the Confrontation Clause is an issue of first impression for this Court. See, e.g., Weiland, 420 F.3d at 1076 n.13 (“[W]e need express no…
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Dismissal Appropriate Sanction for Deceiving the Court with False and Misleading Evidence

Brush v. Szekrenyi, 2012 U.S. App. LEXIS 23908 (9th Cir. Nov. 13, 2012): The district court did not abuse its discretion by dismissing Brush's action as a sanction after reviewing the evidence before it and concluding that Brush submitted fraudulent affidavits concerning alleged violations of his Eighth Amendment rights. See Tr ...
Brush v. Szekrenyi, 2012 U.S. App. LEXIS 23908 (9th Cir. Nov. 13, 2012): The district court did not abuse its discretion by dismissing Brush’s action as a sanction after reviewing the evidence before it and concluding that Brush submitted fraudulent…
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Rule 54(b) — Directing Entry of Final Judgment as to Some But Not All Parties or Claims — Factors and Review — Special Masters Entitled to Quasi-Judicial Immunity Even for Invoices for Services

Nystedt v. Nigro, 2012 U.S. App. LEXIS 23947 (1st Cir. Nov. 20, 2012): The claims against the Nigro defendants are narrowly focused. The complaint posits that the special master's delinquent performance of his duties prolonged the will contest and, thus, caused the value of the estate to plummet. The plaintiff frames this plaint as both ...
Nystedt v. Nigro, 2012 U.S. App. LEXIS 23947 (1st Cir. Nov. 20, 2012): The claims against the Nigro defendants are narrowly focused. The complaint posits that the special master’s delinquent performance of his duties prolonged the will contest and, thus,…
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Does Rule 60(b)(1) Permit Relief from Judgment Because of Error of Law by Court? Circuit Split — Limited Scope of 60(b)(6)

United States Bank, N.A. v. Boardman, 2012 U.S. Dist. LEXIS 167388 (N.D. Cal. Nov. 26, 2012): Rule 60(b) provides relief from judgment where one or more of the following is shown: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered before the ...
United States Bank, N.A. v. Boardman, 2012 U.S. Dist. LEXIS 167388 (N.D. Cal. Nov. 26, 2012): Rule 60(b) provides relief from judgment where one or more of the following is shown: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly…
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RICO Standing Established If Plaintiff Is Injured by One Predicate Act — Need Not Be Injured by All Alleged to Form the Pattern

Just Film, Inc. v. Merchant Servs., Inc., 2012 U.S. Dist. LEXIS 173455 (N.D. Cal. Dec. 6, 2012): Plaintiffs allege that Defendants defrauded them and the putative class members in a scheme involving credit and debit card processing services and equipment.... Plaintiffs divide the Defendants into two categories: Merchant Services Defenda ...
Just Film, Inc. v. Merchant Servs., Inc., 2012 U.S. Dist. LEXIS 173455 (N.D. Cal. Dec. 6, 2012): Plaintiffs allege that Defendants defrauded them and the putative class members in a scheme involving credit and debit card processing services and equipment….…
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Contempt Citation Against Feds for Post-BP Oil Drilling Moratorium Reversed — Stricter “Abuse of Discretion” Review for Contempt — Meaning of “Clear and Convincing” — Argument Waived by Inadequate Briefing

Hornbeck Offshore Servs., LLC v. Salazar, 2012 U.S. App. LEXIS 24355 (5th Cir. Nov. 27, 2012) (Note: 2 to 1 decision): This case arises from the 2010 Deepwater Horizon accident in the Gulf of Mexico. An explosion killed 11 workers, caused the drilling platform to sink, and resulted in a major uncontrolled release of oil. At Presidential ...
Hornbeck Offshore Servs., LLC v. Salazar, 2012 U.S. App. LEXIS 24355 (5th Cir. Nov. 27, 2012) (Note: 2 to 1 decision): This case arises from the 2010 Deepwater Horizon accident in the Gulf of Mexico. An explosion killed 11 workers,…
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Court May Allow Affirmative Defense to Be Raised Initially in Pretrial Order or at Summary Judgment — PSLRA’s RICO Bar Applies to Securities in Private Entities — Predicate Acts Sharing Same Purpose, Result, Victims = Single RICO Enterprise

Gilmore v. Gilmore, 2012 U.S. App. LEXIS 24403 (2d Cir. Nov. 28, 2012): Plaintiff David Gilmore ("David") appeals from the September 1, 2011 memorandum decision and order of the United States District Court for the Southern District of New York (Pauley, J.) granting summary judgment to Defendants Abby Gilmore, Arthur Freierman, and Sout ...
Gilmore v. Gilmore, 2012 U.S. App. LEXIS 24403 (2d Cir. Nov. 28, 2012): Plaintiff David Gilmore (“David”) appeals from the September 1, 2011 memorandum decision and order of the United States District Court for the Southern District of New York…
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§ 1927 Sanctions — Circuit Split as to Whether Bad Faith Is Required or Recklessness Suffices — Failure to Name Counsel as Appellant Not Fatal If Appealed Order Sanctions Counsel Only — One Appellate Panel Cannot Overrule Another

McKenzie v. Norfolk S. Rwy., 2012 U.S. App. LEXIS 24171 (4th Cir. Nov. 20, 2012): Appellants next challenge the district court's entry of attorneys' fees against Schmidt under 28 U.S.C. § 1927. Prior to addressing the merits of the § 1927 sanctions, we must determine whether we have jurisdiction. *** Federal Rule of Appellate Proce ...
McKenzie v. Norfolk S. Rwy., 2012 U.S. App. LEXIS 24171 (4th Cir. Nov. 20, 2012): Appellants next challenge the district court’s entry of attorneys’ fees against Schmidt under 28 U.S.C. § 1927. Prior to addressing the merits of the §…
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Rule 45(c)(1) Cannot Support a Sanction Where the Cost of Complying with the Subpoena Is Minimal and Subpoena Was Not Facially Defective or Issued in Bad Faith — Appealability of Discovery Order Relating to Out-of-Circuit Case That Is Still Pending

Mount Hope Church v. Bash Back!, 2012 U.S. App. LEXIS 24233 (9th Cir. Nov. 26, 2012): Mount Hope Church ("Mount Hope" or "the Church") appeals a sanction order granting attorneys' fees and costs to Appellees Riseup Networks ("Riseup") and Objector dkwatt@riseup.net ("dkwatt") under Federal Rule of Civil Procedure 45(c)(1). The order, wh ...
Mount Hope Church v. Bash Back!, 2012 U.S. App. LEXIS 24233 (9th Cir. Nov. 26, 2012): Mount Hope Church (“Mount Hope” or “the Church”) appeals a sanction order granting attorneys’ fees and costs to Appellees Riseup Networks (“Riseup”) and Objector…
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Recent Posts

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

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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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