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

Spoliation, Inherent Power and Rule 37

From Gateway Senior Housing, Ltd. v. MMA Financial, Inc., 2008 U.S. Dist. LEXIS 98770 (E.D. Tex. Dec. 4, 2008): While Rule 37 represents a significant enforcement power to punish discovery misconduct, it does not represent the "universe of potential discovery abuse." Gregory P. Joseph, Sanctions: The Federal Law of Litigation Abu ...
From Gateway Senior Housing, Ltd. v. MMA Financial, Inc., 2008 U.S. Dist. LEXIS 98770 (E.D. Tex. Dec. 4, 2008): While Rule 37 represents a significant enforcement power to punish discovery misconduct, it does not represent the “universe of potential discovery…
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Ability to Recover Statutory Damages under Both the Lanham Act and Copyright Act for the Same Injuries — Caselaw Split

From Lifted Research Group, Inc. v. Behdad, Inc., 2008 U.S. Dist. LEXIS 99618 (D.D.C. Dec. 10, 2008): Although Plaintiff's Motion is silent on this question, the Court finds that it is unclear whether Plaintiff is legally entitled to collect statutory damages under both the Lanham Act and the Copyright Act for the same injuries. ...
From Lifted Research Group, Inc. v. Behdad, Inc., 2008 U.S. Dist. LEXIS 99618 (D.D.C. Dec. 10, 2008): Although Plaintiff’s Motion is silent on this question, the Court finds that it is unclear whether Plaintiff is legally entitled to collect statutory…
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Excluding Evidence of Religious Activities as Evidence of Religious Beliefs

From Adams v. United States, 2008 U.S. Dist. LEXIS 96989 (D. Idaho Nov. 21, 2008): DuPont seeks to exclude evidence of religious beliefs. For example, [plaintiff] Stevenson's proffer states that he intends to testify as to "church involvement, including a mission for the LDS church to North Carolina in 1979 to 1981." As another example ...
From Adams v. United States, 2008 U.S. Dist. LEXIS 96989 (D. Idaho Nov. 21, 2008): DuPont seeks to exclude evidence of religious beliefs. For example, [plaintiff] Stevenson’s proffer states that he intends to testify as to “church involvement, including a…
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Spoliation — Not a Game of Gotcha

From Calipine Corp. v. AP&M Field Servs., Inc., 2008 U.S. Dist. LEXIS 99178 (S.D.N.Y. Dec. 9, 2008): The spoliation doctrine exists to prevent one side from denying such an opportunity to the other by destroying or altering material evidence. It does not, however, permit a party to avoid the contest by defaulting the other side through p ...
From Calipine Corp. v. AP&M Field Servs., Inc., 2008 U.S. Dist. LEXIS 99178 (S.D.N.Y. Dec. 9, 2008): The spoliation doctrine exists to prevent one side from denying such an opportunity to the other by destroying or altering material evidence. It…
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Summary Judgment — Rule Barring Affidavit That Conflicts with Deposition Testimony Applied to Expert

From Johnson v. Louisville Ladder, 2008 U.S. Dist. LEXIS 102031 (S.D. Ala. Nov. 14, 2008): In this case, Plaintiff has submitted the testimony of Dr. Dobbs in order to support his theory that a design defect caused the ladder's right foot to bend inward while he was standing on the ladder, causing him to fall. Defendants contend that cer ...
From Johnson v. Louisville Ladder, 2008 U.S. Dist. LEXIS 102031 (S.D. Ala. Nov. 14, 2008): In this case, Plaintiff has submitted the testimony of Dr. Dobbs in order to support his theory that a design defect caused the ladder’s right…
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Gaps in Federal Rule of Evidence 502: Larry Fox’s View

Download associated file: Fox on Gaps in New Rule 502.pdf  Lawrence J. Fox, a former Chair of (1) the ABA Standing Committee on Ethics and Professional Responsibility and (2) the ABA Section of Litigation, has identified what he considers to be "four really important issu ...
Download associated file: Fox on Gaps in New Rule 502.pdf  Lawrence J. Fox, a former Chair of (1) the ABA Standing Committee on Ethics and Professional Responsibility and (2) the ABA Section of Litigation, has identified what he considers…
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Taxing Costs of Both Video and Stenographic Record of Deposition

From Jackson v. UPS, Inc., 2008 U.S. Dist. LEXIS 101385 (S.D. Ill. Dec. 16, 2008), in which defendant UPS sought to tax costs after prevailing on summary judgment, not trial: The Court finds merit in only one of Jackson's objections to UPS' Bill of Costs — the request to recover $ 898.75 for videotaping Plaintiff Jackson's deposition... ...
From Jackson v. UPS, Inc., 2008 U.S. Dist. LEXIS 101385 (S.D. Ill. Dec. 16, 2008), in which defendant UPS sought to tax costs after prevailing on summary judgment, not trial: The Court finds merit in only one of Jackson’s objections…
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Text of New York Rules of Professional Conduct (Effective 4/1/09)

Download associated file: NY Rules of Professional Conduct.pdf  Attached you will find the text of the New York Rules of Professional Conduct, which take effect on April 1, 2009. ...
Download associated file: NY Rules of Professional Conduct.pdf  Attached you will find the text of the New York Rules of Professional Conduct, which take effect on April 1, 2009.…
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Additional Counterclaim Defendant May Not Remove under 28 U.S.C. § 1441 (General) or § 1453 (CAFA)

An additional counterclaim defendant is not a “defendant” within the meaning of the removal statutes, under Palisades Collections LLC v. Shorts, 2008 U.S. App. LEXIS 25165 (4th Cir. Dec. 16, 2008): This case presents an issue of first impression — whether a party joined as a defendant to a counterclaim (the "additional counter-defen ...
An additional counterclaim defendant is not a “defendant” within the meaning of the removal statutes, under Palisades Collections LLC v. Shorts, 2008 U.S. App. LEXIS 25165 (4th Cir. Dec. 16, 2008): This case presents an issue of first impression —…
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Recent Posts

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

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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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