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

Facebook Messages Sent from Another’s Account Authenticated by Self-Identification, References to Page Owner in Third Person, and Knowledge of Events Known Only to Recipient and Sender

 Graham v. State, 2019 Ind. App. Unpub. LEXIS 898 (Ind. Ct. App. July 15, 2019): P1 Tommy Graham ("Graham") was convicted in Jackson Circuit Court of two counts of Level 4 felony sexual mis ...
Graham v. State, 2019 Ind. App. Unpub. LEXIS 898 (Ind. Ct. App. July 15, 2019): P1 Tommy Graham ("Graham") was convicted in Jackson Circuit Court of two counts of Level 4 felony sexual misconduct with a minor and one count …
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Facebook Live Video Authenticated Like Any Video — By Witness to Recorded Events or Operator or Maintainer of Equipment Testifying That Video Accurately Represents The Subject Matter Depicted And Has Not Been Tampered With

 People v Y.L., 2019 N.Y. Misc. LEXIS 3209 (Sup. Ct. Monroe Cnty. May 17, 2019): This decision supplements the oral decision of the Court rendered on March 21, 2019, in accordance with the Criminal Law of th ...
People v Y.L., 2019 N.Y. Misc. LEXIS 3209 (Sup. Ct. Monroe Cnty. May 17, 2019): This decision supplements the oral decision of the Court rendered on March 21, 2019, in accordance with the Criminal Law of the State of New…
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Rule 16(f), 37 Sanctions — Default Judgment — Factors (6th Cir.) — May a Party Appeal a Default Judgment without First Moving to Vacate It under Rule 60(b)? (Circuit Split) — Due Process & Default Judgments—What “Due Process” Meant in 1354

Prime Rate Premium Finance Corporation, Inc. v. Larson, 201 ...
Prime Rate Premium Finance Corporation, Inc. v. Larson, 2019 WL 3024726 (6th Cir. July 11, 2019): *1 After four years of perpetual delays, Prime Rate Premium Finance Corporation obtained a sixth trial date to vindicate its claims that Karen Larson …
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Inherent Power (IHP) / R. 37 Discovery Sanctions for False Dep., Hiding Facts: Precluding Claims, Equitable Relief & Defenses, Fees — Factors for IHP/R. 37 Sanctions — and for Reassigning Case to Different Judge on Remand

Beach Mart, Inc. v. L&L Wings, Inc., 2019 U.S. App. LEXIS 23134, 2019 WL 3493900 (4th Cir. Aug. 1, 2019) (unpublished): The heart of the parties' dispute i ...
Beach Mart, Inc. v. L&L Wings, Inc., 2019 U.S. App. LEXIS 23134, 2019 WL 3493900 (4th Cir. Aug. 1, 2019) (unpublished): The heart of the parties' dispute in this case is the ownership status of a trademark, "WINGS," which…
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Experts/Daubert: “The Expert Feeling Comfortable, without More, Is Not a Sound Methodology under Daubert” (Good Quote) — “High Threshold” to Exclude Expert for Conflict or Bias — Complete Lack of Bias Not Required

 Aigner El Ansari v. Graham, 2019 U.S. Dist. LEXIS 129997 (S.D.N.Y. Aug. 2, 2019): Defendants New York and Presbyterian Hospital ("Hospital") and Bridget Graham move to preclude testimony by Plaint ...
Aigner El Ansari v. Graham, 2019 U.S. Dist. LEXIS 129997 (S.D.N.Y. Aug. 2, 2019): Defendants New York and Presbyterian Hospital ("Hospital") and Bridget Graham move to preclude testimony by Plaintiff Aigner El Ansari's expert, Dr. Yaakov Siegel. Dr. Siegel's report…
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§1927 Sanctions — Withdrawal of Frivolous Claims after Causing Fees to Be Incurred No Defense (No Safe Harbor from §1927 Sanctions)

Davis v. Detroit Downtown Dev. Auth., 2019 WL 3543170 (6th Cir. Aug. 5, 2019): *1 As the French proverb goes, “[i]f you’ve a good case, try to compromise; if a bad one, take it into court.” H.L. Mencken, A New Dictionary of Quotations 665 (19th prtg. 2001). Plaintiffs R ...
Davis v. Detroit Downtown Dev. Auth., 2019 WL 3543170 (6th Cir. Aug. 5, 2019): *1 As the French proverb goes, “[i]f you’ve a good case, try to compromise; if a bad one, take it into court.” H.L. Mencken, A New…
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Rule 11 Safe Harbor — It Is the Burden of the Party against Whom Sanctions Are Sought to Prove Non-Compliance with Safe Harbor, Not the Burden of Movant to Prove Compliance

Darnell v. Arthur, 2019 WL 3451649 (6th Cir. July 31, 2019) (unpublished): Plaintiff appeals the district court’s grant of summary judgment in defendants’ favor on her tortious-interference-with-business-relations and civil-conspiracy claims. Defendants cross appeal the district court’s refusal to impose Rule 11 sanctions. Addit ...
Darnell v. Arthur, 2019 WL 3451649 (6th Cir. July 31, 2019) (unpublished): Plaintiff appeals the district court’s grant of summary judgment in defendants’ favor on her tortious-interference-with-business-relations and civil-conspiracy claims. Defendants cross appeal the district court’s refusal to impose Rule…
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Sanctions — Gov’t Counsel’s Secretly Reading Inmates’ Communications with Counsel, Even after Bar Ethics Counsel Advised Stopping and Alerting Court, Violates Inherent Power and §1927 — “When in Doubt, Ask the Court” (Good Quote)

Gomez v. Vernon, 255 F.3d 1118 (9th Cir. 2001) (Note: The 1992 adn 1994ABA opinions cited in this decision have since been replaced by Model Rule 4.4(b), which is reprinted after the citations an ...
Gomez v. Vernon, 255 F.3d 1118 (9th Cir. 2001) (Note: The 1992 adn 1994ABA opinions cited in this decision have since been replaced by Model Rule 4.4(b), which is reprinted after the citations and quotations of the 1992 and…
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Sanctions: Expert Exclusion for Inadequate 26(a)(2)(A) Disclosures “So Generic, Unhelpful & Boilerplate They Could Apply to Virtually Any Case” (Good Quote)

 Torrez v. D. Las Vegas, 2019 U.S. App. LEXIS 21524 (9th Cir. July 19, 2019) (unpublished): MEMORANDUM* Gregory John Torrez appeals the distric ...
Torrez v. D. Las Vegas, 2019 U.S. App. LEXIS 21524 (9th Cir. July 19, 2019) (unpublished): MEMORANDUM* Gregory John Torrez appeals the district court's grant of summary judgment in favor of D. Las Vegas, Inc. and Edgar Vinicio Vallejo…
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Sanctions: Expert Exclusion — Scheduling Order Violation — When Only One Report Timely Submitted: “A Party Who … Put[s] All … Eggs in One Basket [Cannot] Complain When The Basket Proves Inadequate” (Good Quote)

González-Rivera v. Centro Médico Del Turabo, Inc., 2019 U.S. App. LEXIS 21449 (1st Cir. July 19, 2019): Scheduling orders are essential tools for modern-day case management, and litigants flout such ...
González-Rivera v. Centro Médico Del Turabo, Inc., 2019 U.S. App. LEXIS 21449 (1st Cir. July 19, 2019): Scheduling orders are essential tools for modern-day case management, and litigants flout such orders at their peril. This case, in which plaintiff-appellant Aglaed…
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Recent Posts

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

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

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

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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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