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

Email / Admissibility Issues on Summary Judgment

From Mike Hooks Dredging Co. v. Eckstein Marine Serv., 2010 U.S. Dist. LEXIS 101724 (E.D. La. Sept. 27, 2010): Eckstein opposes Longman's motion, arguing that a genuine issue of material fact exists as to whether Longman's was a broker or a charterer. *** It argues that an email sent by Longman's related to the litigation admitted that L ...
From Mike Hooks Dredging Co. v. Eckstein Marine Serv., 2010 U.S. Dist. LEXIS 101724 (E.D. La. Sept. 27, 2010): Eckstein opposes Longman’s motion, arguing that a genuine issue of material fact exists as to whether Longman’s was a broker or…
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No Error in Allowing Jury to Observe Objections, Instructions and Colloquy on Video Deposition

From McElgunn v. CUNA Mut. Ins. Soc., 700 F. Supp. 2d 1141 (D.S.D. 2010): Defendant argues that the court erred in allowing the jury to observe defendant's numerous objections found throughout the designated portions of JoAnn Schonasky's videotaped deposition. Defendant also argues that the jury should not have been allowed to observe the ...
From McElgunn v. CUNA Mut. Ins. Soc., 700 F. Supp. 2d 1141 (D.S.D. 2010): Defendant argues that the court erred in allowing the jury to observe defendant’s numerous objections found throughout the designated portions of JoAnn Schonasky’s videotaped deposition. Defendant…
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Good Bye to Docket Numbers

From Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D. Md. Sept. 9, 2010): Court papers formerly were cited as "Paper No." or "Doc. No." The recently-published Nineteenth Edition of The Bluebook provides that electronically-filed documents should be cited as "ECF No."
From Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D. Md. Sept. 9, 2010): Court papers formerly were cited as “Paper No.” or “Doc. No.” The recently-published Nineteenth Edition of The Bluebook provides that electronically-filed documents…
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RICO Is Not Extraterritorial — Part 2

From Norex Petroleum Ltd. v. Access Indus., 2010 U.S. App. LEXIS 19982 (2d Cir. Sept. 28, 2010): The issue before us is whether a United States federal court can properly hear a claim under the Racketeer Influenced and Corrupt Organization Act ("RICO"), 18 U.S.C. § 1961 et seq., arising from allegations of a conspiracy which primarily i ...
From Norex Petroleum Ltd. v. Access Indus., 2010 U.S. App. LEXIS 19982 (2d Cir. Sept. 28, 2010): The issue before us is whether a United States federal court can properly hear a claim under the Racketeer Influenced and Corrupt Organization…
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Making Rule 37(b)(2) Contempt Sanction Contingent on Non-Payment of Attorneys’ Fees Renders It Civil (Because Purgeable) and Not Criminal, Even If the Sanction Is Imprisonment — No Case-Ending Sanctions Absent Prejudice

From Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D. Md. Sept. 9, 2010): Through four years of discovery, during which Defendant Mark Pappas, President of Defendant CPI, had actual knowledge of his duty to preserve relevant information, Defendants delayed their electronically stored information ("ESI") produ ...
From Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 U.S. Dist. LEXIS 93644 (D. Md. Sept. 9, 2010): Through four years of discovery, during which Defendant Mark Pappas, President of Defendant CPI, had actual knowledge of his duty to preserve…
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District Court Lacks Inherent Power to Sanction Counsel for Conduct During Arbitration Even If Court Ordered the Parties to Arbitration (Note: Not Court-Annexed Arbitration)

The Court ordered the parties to arbitration pursuant to contract, on defendant’s motion, in Positive Software Solutions, Inc. v. New Century Mortgage Corp., 2010 U.S. App. LEXIS 19072 (5th Cir. Sept. 13, 2010): During arbitration, [Attorney] Camina advised [Defendant] New Century on various discovery matters. In September 2004, the dis ...
The Court ordered the parties to arbitration pursuant to contract, on defendant’s motion, in Positive Software Solutions, Inc. v. New Century Mortgage Corp., 2010 U.S. App. LEXIS 19072 (5th Cir. Sept. 13, 2010): During arbitration, [Attorney] Camina advised [Defendant] New…
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“No Actions” Clause Barring Suit and Requiring Indemnification of Defense Costs If Suit Is Filed Does Not Extend to Attorneys’ Fees Incurred in Bringing Counterclaim

From McKissick v. Gemstar-TV Guide Int’l, Inc., 2010 U.S. App. LEXIS 18753 (10th Cir. Sept. 8, 2010): The *** "No Actions Clause" [provides]: 17. No Actions. Employee represents and warrants that she has not filed any complaints or charges or lawsuits against the Company with any governmental agency or any court, ...
From McKissick v. Gemstar-TV Guide Int’l, Inc., 2010 U.S. App. LEXIS 18753 (10th Cir. Sept. 8, 2010): The *** “No Actions Clause” [provides]: 17. No Actions. Employee represents and warrants that she has not filed any complaints or charges or…
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Relaxed Timeliness Requirements for Rule 11 Motions under the PSLRA

From In re Star Gas Secs. Litig., 2010 U.S. Dist. LEXIS 103475 (D. Conn. Sept. 30, 2010): Plaintiffs contend that Defendants' motion was untimely filed on April 3, 2007, because judgment entered against Plaintiffs on August 23, 2006. Although PSLRA Section 78u-4(c), which mandates that a court conduct a inquiry under Rule 11(b) "upon fina ...
From In re Star Gas Secs. Litig., 2010 U.S. Dist. LEXIS 103475 (D. Conn. Sept. 30, 2010): Plaintiffs contend that Defendants’ motion was untimely filed on April 3, 2007, because judgment entered against Plaintiffs on August 23, 2006. Although PSLRA…
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May a Federal Court Enter Summary Judgment on an Issue That Is Less Than a Full “Claim”? — Caselaw Split as to Meaning of “Claim”

Hamblin v. British Airways PLC, 2010 U.S. Dist. LEXIS 67401 (E.D.N.Y. June 15, 2010): Some courts have limited the availability of summary judgment motions to foreclosure of specific claims, not remedies. For example, in In re Methyl Tertiary Butyl Ether Prods. Liab. Litig., 517 F. Supp. 2d 662, 666 (S.D.N.Y. 2007) ("MTBE"), ...
Hamblin v. British Airways PLC, 2010 U.S. Dist. LEXIS 67401 (E.D.N.Y. June 15, 2010): Some courts have limited the availability of summary judgment motions to foreclosure of specific claims, not remedies. For example, in In re Methyl Tertiary Butyl Ether…
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Prelitigation Email from Counsel Admissible against Client as Admission

From Cleveland Regional Med. Ctr., LP v. Celtic Props., L.C., 2010 Tex. App. LEXIS 7942 (Tex. App. Sept. 30, 2010): In issue three, appellants assert that the trial court erred by improperly excluding an alleged admission by Celtic that the Master Lease was in "full force and effect." Specifically, appellants argue that the trial court er ...
From Cleveland Regional Med. Ctr., LP v. Celtic Props., L.C., 2010 Tex. App. LEXIS 7942 (Tex. App. Sept. 30, 2010): In issue three, appellants assert that the trial court erred by improperly excluding an alleged admission by Celtic that the…
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Recent Posts

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (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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