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

Bank Owes No Duty of Care to Non-Customers, Including No Duty to Detect Fraudulent Conduct of Its Customers

From Public Serv. Co. of Okla. v. A Plus, Inc., 2011 U.S. Dist. LEXIS 85179 (W.D. Okla. Aug. 2, 2011): PSO brought this action to recover sums it paid to A Plus, Inc. a/k/a Jarvis Furniture a/k/a A Plus Spraying (collectively, "A Plus") pursuant to invoices submitted to PSO by A Plus and/or its owners, defendants Randel R. Stone and Kimb ...
From Public Serv. Co. of Okla. v. A Plus, Inc., 2011 U.S. Dist. LEXIS 85179 (W.D. Okla. Aug. 2, 2011): PSO brought this action to recover sums it paid to A Plus, Inc. a/k/a Jarvis Furniture a/k/a A Plus Spraying…
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Standards of Admissibility for Expert Testimony as to Ultimate Issue, Credibility Determinations and State of Mind

From Quagliarello v. Dewees, 2011 U.S. Dist. LEXIS 78870 (E.D. Pa. July 20, 2011) (§ 1983 action against a police officer): Plaintiff's police expert Walter Signorelli ("Signorelli") filed reports in this case on July 31, 2010.... Defendants move to preclude Signorelli from testifying to or otherwise presenting evidence of opinions tha ...
From Quagliarello v. Dewees, 2011 U.S. Dist. LEXIS 78870 (E.D. Pa. July 20, 2011) (§ 1983 action against a police officer): Plaintiff’s police expert Walter Signorelli (“Signorelli”) filed reports in this case on July 31, 2010…. Defendants move to preclude…
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Verified Pleadings Satisfy Evidentiary Standard of Rule 56, Particularly in Pro Se Cases

From Herrington v. Spruill, 2008 U.S. Dist. LEXIS 122700 (S.D. Fla. June 5, 2008): Herrington's Response (DE# 46) and Statement of Facts (DE# 47) are not in affidavit form, and are not themselves sworn under penalty of perjury. Relevant facts stated in Herrington's Response, however, are also stated by him in his sworn Amendment to the c ...
From Herrington v. Spruill, 2008 U.S. Dist. LEXIS 122700 (S.D. Fla. June 5, 2008): Herrington’s Response (DE# 46) and Statement of Facts (DE# 47) are not in affidavit form, and are not themselves sworn under penalty of perjury. Relevant facts…
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Production of Email in Discovery Authenticates the Email

Bruno v. AT&T Mobility, LLC, 2011 U.S. Dist. LEXIS 59795 (W.D. Pa. June 3, 2011): Plaintiff argues that the series of emails between Ms. Menster and Mr. Thomas have not been properly au-thenticated. *** "A party to litigation that produces documents during discovery in that litigation thereby authenticates the documents it has produced." ...
Bruno v. AT&T Mobility, LLC, 2011 U.S. Dist. LEXIS 59795 (W.D. Pa. June 3, 2011): Plaintiff argues that the series of emails between Ms. Menster and Mr. Thomas have not been properly au-thenticated. *** “A party to litigation that produces…
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Self-Authentication and Judicial Notice of Government Website Postings

From Scurmont LLC v. Firehouse Restaurant Grp., 2011 U.S. Dist. LEXIS 75715 (D. S.C. July 8, 2011): Records from government websites are generally considered admissible and self-authenticating. Courts have also taken judicial notice, pursuant to Fed. R. Evid. 201, of information taken from government and media websites. See generally R ...
From Scurmont LLC v. Firehouse Restaurant Grp., 2011 U.S. Dist. LEXIS 75715 (D. S.C. July 8, 2011): Records from government websites are generally considered admissible and self-authenticating. Courts have also taken judicial notice, pursuant to Fed. R. Evid. 201, of…
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Delaware Supreme Court Affirms Enhanced Burden of Proof, Corroboration Requirement and $3.2 Million Award as Sanctions for Wiping Unallocated Space, Deleting Traces of Spoliation and Destroying Electronic Documents

From Genger v. TR Inves., LLC, 2011 Del. LEXIS 371 (Del. Sup. Ct. July 18, 2011): Two weeks after the entry of the stipulated final judgment, the Trump Group moved for relief from that judgment and to re-open the Section 225 proceeding. The Trump Group claimed that, after taking control of Trans-Resources, they discovered that Genger ha ...
From Genger v. TR Inves., LLC, 2011 Del. LEXIS 371 (Del. Sup. Ct. July 18, 2011): Two weeks after the entry of the stipulated final judgment, the Trump Group moved for relief from that judgment and to re-open the Section…
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Sanctions — That Others Have Filed Similar Lawsuits that Have Not Been Dismissed, If Anything, Militates against a Finding of Improper Purpose — Mere Fact that Plaintiff Has Filed Other Lawsuits Insufficient to Sustain § 1927 Sanctions

From Beecher v. Riverdale Riding Corp., 2011 U.S. Dist. LEXIS 86654 (S.D.N.Y. Aug. 3, 2011): Beecher commenced this action on July 2, 2008 and amended her complaint on September 3, 2008. The allegations in Beecher's amended complaint concern the operation of the River Ridge Equestrian Center ("River Ridge"), a riding facility operated by d ...
From Beecher v. Riverdale Riding Corp., 2011 U.S. Dist. LEXIS 86654 (S.D.N.Y. Aug. 3, 2011): Beecher commenced this action on July 2, 2008 and amended her complaint on September 3, 2008. The allegations in Beecher’s amended complaint concern the operation…
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Generally No Hearsay — as Opposed to Authentication — Problem Associated with Images Posted on Internet

From United States v. Cameron, 2011 U.S. Dist. LEXIS 4721 (D. Me. Jan. 18, 2011): [T]he images [found on the ISP server] are not hearsay to begin with.... The rule against the admission of hearsay applies to only to statements offered to prove the truth of the matter asserted. Fed. R. Evid. 801(c); Fed. R. Evid. 802. A “statement” i ...
From United States v. Cameron, 2011 U.S. Dist. LEXIS 4721 (D. Me. Jan. 18, 2011): [T]he images [found on the ISP server] are not hearsay to begin with…. The rule against the admission of hearsay applies to only to statements…
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Standards for Disqualification of Opposing Counsel Who Served as Mediator in Earlier Dispute between Parties

From Hossaini v. Vaelizadeh, 2011 U.S. Dist. LEXIS 86436 (D. Neb. Aug. 4, 2011): Relatively few courts have considered the disqualification of an attorney who has previously served as a mediator for a dispute between the parties. The most thorough discussion comes in the case of Poly Software International, Inc. v. Datamost Corpora ...
From Hossaini v. Vaelizadeh, 2011 U.S. Dist. LEXIS 86436 (D. Neb. Aug. 4, 2011): Relatively few courts have considered the disqualification of an attorney who has previously served as a mediator for a dispute between the parties. The most thorough…
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Arbitration — Determining the Amount in Controversy for Purposes of Confirming an Award — Amount Claimed vs. Amount Awarded

From Smith v. Tele-Town Hall, LLC, 2011 U.S. Dist. LEXIS 76669 (E.D. Va. July 15, 2011): This case presents the question, unresolved in this circuit, whether the jurisdictionally required amount in controversy with respect to a motion to confirm an arbitration award should be based solely on the original amount claimed in the arbitration ...
From Smith v. Tele-Town Hall, LLC, 2011 U.S. Dist. LEXIS 76669 (E.D. Va. July 15, 2011): This case presents the question, unresolved in this circuit, whether the jurisdictionally required amount in controversy with respect to a motion to confirm an…
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Recent Posts

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

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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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