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

Judicial Notice of Internet Evidence: Public Records and Government Documents from Reliable Sources on the Internet

 Coleman v. Detroit Metro. Airport, 2019 U.S. Dist. LEXIS 194562 (E.D. Mich. Nov. 8, 2019): 1 See United States v. Coleman, No. 1:07-CR-233 (N.D. Ga. Jan. 25, 2019). Public reco ...
Coleman v. Detroit Metro. Airport, 2019 U.S. Dist. LEXIS 194562 (E.D. Mich. Nov. 8, 2019): 1 See United States v. Coleman, No. 1:07-CR-233 (N.D. Ga. Jan. 25, 2019). Public records and government documents, including those available from reliable sources on …
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Court of Appeals Always Reluctant to Create Circuit Split, Especially In Bankruptcy Law, Which Requires Uniformity

 Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm. (In re Ultra Petroleum Corp.), 2019 U.S. App. LEXIS 35489 (5th Cir. Nov. 26, 2019): ON PETITION FOR REHEARING ANDREW S. OLDHAM, Circuit Judge:
Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm. (In re Ultra Petroleum Corp.), 2019 U.S. App. LEXIS 35489 (5th Cir. Nov. 26, 2019): ON PETITION FOR REHEARING ANDREW S. OLDHAM, Circuit Judge: Treating the Appellees' and Intervenors' Joint Petition for…
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Appeals: District Court’s Interpretation of Local Rules Reviewed for Abuse of Discretion — D.Ct. May Disregard Counterstatement of Undisputed Facts As Not Contemplated by Rule Requiring Statement of Undisputed Facts on Summary Judgment

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (unpublished): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of
Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (unpublished): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of 42 Pa. C.S.A. § 8371.…
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Facebook/Social Media Authentication — West Virginia Adopts Liberal, Circumstantial Evidence Approach — Testimony from Conversant, Witness to Party Sending or Receiving, or Distinctive Characteristics Sufficient

 State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court ...
State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court of Ritchie County…
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Securities: Judicial Notice (JN) of Wayback Machine OK — Defs. Can’t Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & of 10b5-1 Plan Only for Fact Sales Made Pursuant Thereto

Securities:  Judicial Notice (JN) of Wayback Machine OK — Improper for Defs. to Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & 10b5-1 Plan Only for Fact Sales Made Thereunder
Securities:  Judicial Notice (JN) of Wayback Machine OK — Improper for Defs. to Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & 10b5-1 Plan Only for Fact Sales …
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Under Fed. R. Civ. P. 25(a)(1), Does the 90-Day Period for Substitution Run from Service of Suggestion of Death on the Parties, Or Must the Non-Party Executor (Or Person Most Likely to Be Named Executor) Also Be Served? (Circuit Split)

 Jaudon v. Sasser, 2019 U.S. Dist. LEXIS 37787 (S.D. Ga. Mar. 8, 2019): ORDER This matter is before the Court on Defendants' Objection to the Magistrate Judge's December ...
Jaudon v. Sasser, 2019 U.S. Dist. LEXIS 37787 (S.D. Ga. Mar. 8, 2019): ORDER This matter is before the Court on Defendants' Objection to the Magistrate Judge's December 20, 2018 Order. (Docs. 43, 45.) For the reasons set forth [*2] …
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Possession of Professional (Law) License, Absent Practice in State, Insufficient to Confer Personal Jurisdiction — No Private Right of Action under Mail, Wire Fraud Statutes

Robinson v. Section 23, Prop. Owners’ Ass’n, Inc., 2019 WL 4673954 (3d Cir. Sept. 25, 2019) (unpublished): OPINION* PER CURIAM *1 Albert Robinson alleges that he is a Texan living in Georgia. He filed in the United States District Court for the District of New Jersey an amended complaint nami ...
Robinson v. Section 23, Prop. Owners’ Ass’n, Inc., 2019 WL 4673954 (3d Cir. Sept. 25, 2019) (unpublished): OPINION* PER CURIAM *1 Albert Robinson alleges that he is a Texan living in Georgia. He filed in the United States District Court …
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Judicial Notice of Internet Evidence: “The Court Generally Has the Discretion to Take Judicial Notice of Internet Material” (Good Quote)

 Kennedy Stock, LLC v. NLS New York Inc., 2019 U.S. Dist. LEXIS 200811 (S.D.N.Y. Nov. 18, 2019) (Report and Recommendation): REPORT AND RECOMMENDATION TO THE HON. PAUL G. GARDEPHE
Kennedy Stock, LLC v. NLS New York Inc., 2019 U.S. Dist. LEXIS 200811 (S.D.N.Y. Nov. 18, 2019) (Report and Recommendation): REPORT AND RECOMMENDATION TO THE HON. PAUL G. GARDEPHE BARBARA MOSES, United States Magistrate Judge. Plaintiff Kennedy Stock, LLC…
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Fugitive Disentitlement Doctrine Applies in Civil Cases & to Appeals But Must Be Based on Misconduct in Instant Case Not Frustrating Another Court’s Jurisdiction, Judgment — Bankruptcy Automatic Stay Applies to Sanctions, Contempt

Kupperstein v. Schall (In re Kupperstein), 2019 WL 6044091 (1st Cir. Nov. 15, 2019): PREFACE *1 Five years ago, Thomas Sheedy bought Carol Thibodeau’s house for a pittance and gave it to appellant Donald Kupperstein, an attorney licensed in Massachusetts. The state court reversed the ...
Kupperstein v. Schall (In re Kupperstein), 2019 WL 6044091 (1st Cir. Nov. 15, 2019): PREFACE *1 Five years ago, Thomas Sheedy bought Carol Thibodeau’s house for a pittance and gave it to appellant Donald Kupperstein, an attorney licensed in Massachusetts. …
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Primary Jurisdiction Doctrine Generally Reserved for Issues of First Impression — Principal Reasons to Apply Doctrine

 Yashtinsky v. Walmart, Inc., 2019 U.S. Dist. LEXIS 198731 (W.D. Ark. Nov. 12, 2019): Before the Court is Defendant Walmart, Inc.'s ("Walmart") Motion to Dismiss or, in the Alternative, to Stay ...
Yashtinsky v. Walmart, Inc., 2019 U.S. Dist. LEXIS 198731 (W.D. Ark. Nov. 12, 2019): Before the Court is Defendant Walmart, Inc.'s ("Walmart") Motion to Dismiss or, in the Alternative, to Stay the Action. (Doc. 23). For the reasons set forth…
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Recent Posts

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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

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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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