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

Class Action Fairness Act If Federal Jurisdiction Is Based Only on CAFA, Which Provides Jurisdiction Only for “Class Action[s],” Does Denial of Class Certification Divest Court of Jurisdiction? — No

 Coba v. Ford Motor Co., 2019 U.S. App. LEXIS 20183 (3d Cir. July 8, 2019): Problematic as a lemon of a vehicle may be, the problem becomes more complex when it is peeling. This appeal involves a put ...
Coba v. Ford Motor Co., 2019 U.S. App. LEXIS 20183 (3d Cir. July 8, 2019): Problematic as a lemon of a vehicle may be, the problem becomes more complex when it is peeling. This appeal involves a putative consumer class …
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Text Authentication OK Via Non-Participant Witness Who Observed Exchange of Texts and Knows Contents, Coupled with Alleged Recipient’s Acting in Accordance with Contents

 State v. Bitner, 2019 Wash. App. LEXIS 1661 (Wash. Ct. App. June 25, 2019): James Bitner appeals his conviction for delivery of a controlled substance — methamphetamine. The State charged Bitner a ...
State v. Bitner, 2019 Wash. App. LEXIS 1661 (Wash. Ct. App. June 25, 2019): James Bitner appeals his conviction for delivery of a controlled substance — methamphetamine. The State charged Bitner after law enforcement directed a confidential informant (CI) to …
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Failure to File Written Objection to Magistrate Judge R&R Waives Review of Dist. Ct’s Judgment Is Not Jurisdictional & May Be Disregarded — Especially When Dist. Ct. Has Disregarded It, Too — Sanctions: Vexatious Litigant Injunction

Bonds v. Daley, 2019 WL 2647494 (6th Cir. May 17, 2019): ORDER *1 Todd Bonds, a pro se litigant, appeals the district court’s judgment denying his motion for summary judgment, granting the defendants’ motion for summary judgment, and granting the defendants’ motion to declare him a vexatiou ...
Bonds v. Daley, 2019 WL 2647494 (6th Cir. May 17, 2019): ORDER *1 Todd Bonds, a pro se litigant, appeals the district court’s judgment denying his motion for summary judgment, granting the defendants’ motion for summary judgment, and granting the …
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Social Media Photo Properly Authenticated by Person Who Has Seen Subject of Photo in Same Garb in Person and in Footage That Subject Has Admitted Depicts Him

 Commonwealth v. Kelley, 2019 Pa. Super. Unpub. LEXIS 2531 (Pa. Super. Ct. June 28, 2019): Robert Leon Kelley, Jr. ("Kelley"), appeals from the judgment of sentence imposed following his conviction ...
Commonwealth v. Kelley, 2019 Pa. Super. Unpub. LEXIS 2531 (Pa. Super. Ct. June 28, 2019): Robert Leon Kelley, Jr. ("Kelley"), appeals from the judgment of sentence imposed following his convictions of one count of theft by unlawful taking, and three…
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Rule 11 Sanctions Apt for Frivolous $160 Million Damages Claims (inter alia) — “Sanctions Are Warranted When a Party Exhibits Deliberate Indifference to Obvious Facts” (Good Quote)

EMI Sun Village, Inc. v. Catledge, 2019 WL 2714325 (11th Cir. June 28, 2019) (unpublished): In this appeal, Fred Elliott and several entities under his control challenge the district court’s order setting aside the entry of default and dismissing one defendant, its order dismissing most of the claims in their complaint for failing ...
EMI Sun Village, Inc. v. Catledge, 2019 WL 2714325 (11th Cir. June 28, 2019) (unpublished): In this appeal, Fred Elliott and several entities under his control challenge the district court’s order setting aside the entry of default and dismissing one…
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Strong Presumption of Public Access to SJ Materials Unaffected by Denial of SJ — Lesser (But Substantial) Presumption re Discovery, In Limine, Non-Dispositive Motions — “Unscrupulous Litigants Can Weaponize Discovery” (Good Quote)

 Julie Brown v. Maxwell, 2019 U.S. App. LEXIS 19981 (2d Cir. July 3, 2019): Intervenors-Appellants Alan M. Dershowitz ("Dershowitz"), Michael Cernovich ("Cernovich"), and the Miam ...
Julie Brown v. Maxwell, 2019 U.S. App. LEXIS 19981 (2d Cir. July 3, 2019): Intervenors-Appellants Alan M. Dershowitz ("Dershowitz"), Michael Cernovich ("Cernovich"), and the Miami Herald Company (with reporter Julie Brown, jointly the "Herald") appeal from certain orders of the …
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Photos of Texts Functionally Equivalent to Printouts of Emails and Satisfy Best Evidence Rule

 State v. Clark, 2019 Kan. App. Unpub. LEXIS 449 (Kan. Ct. App. July 5, 2019): Per Curiam: At the end of a five-day trial, a jury in Leavenworth County District Court found Nicholas Arthur Clark guilty of t ...
State v. Clark, 2019 Kan. App. Unpub. LEXIS 449 (Kan. Ct. App. July 5, 2019): Per Curiam: At the end of a five-day trial, a jury in Leavenworth County District Court found Nicholas Arthur Clark guilty of two counts of…
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Spoliation — Unexplained Failure to Produce Relevant Doc Created after Litigation Reasonably Foreseeable Entitled Adversary to At Least Permissive Adverse Inference — One Factor in Reversal of SJ

 Iyoha v. Architect of the Capitol, 2019 U.S. App. LEXIS 19755 (D.C. Cir. July 2, 2019): In 2012, the Congressional Office of Compliance determined that the Architect of the Capitol unlawfully transferred a ...
Iyoha v. Architect of the Capitol, 2019 U.S. App. LEXIS 19755 (D.C. Cir. July 2, 2019): In 2012, the Congressional Office of Compliance determined that the Architect of the Capitol unlawfully transferred appellant Sunday Iyoha because of his national origin.…
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R. 30(d)(3), §1927, Inherent Power Sanctions for Deposition Obstruction: “Calls for Speculation,” “Don’t Guess,” “You Can Answer If You Understand,” “Not Qualified to Answer” / Improper Instructions Not to Answer

 In re Ford Motor Co. DPS6 Powershift Transmission Prods. Liab. Litig., 2019 U.S. Dist. LEXIS 91557 (C.D. Cal. May 13, 2019): ORDER GRANTING IN PART FORD MOTOR COMPANY'S MOTION FOR SANCTIONS AGAINST PLAI ...
In re Ford Motor Co. DPS6 Powershift Transmission Prods. Liab. Litig., 2019 U.S. Dist. LEXIS 91557 (C.D. Cal. May 13, 2019): ORDER GRANTING IN PART FORD MOTOR COMPANY'S MOTION FOR SANCTIONS AGAINST PLAINTIFF'S COUNSEL On April 3, 2019, defendant Ford …
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Rule 56(d) Motion for Additional Discovery “Should Be Granted Almost As a Matter of Course” and Be Construed “Generously” Unless Discovery Not Diligently Pursued (Good Quotes) — Factors for Court’s Consideration

 Doe v. City of Memphis, 2019 U.S. App. LEXIS 19225 (6th Cir. June 27, 2019): Jane Doe No. 2 appeals the district court's March 9, 2017 Order granting Defendant City of Memphis summary judgment, and the ...
Doe v. City of Memphis, 2019 U.S. App. LEXIS 19225 (6th Cir. June 27, 2019): Jane Doe No. 2 appeals the district court's March 9, 2017 Order granting Defendant City of Memphis summary judgment, and the district court's May 22,…
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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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