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

Inherent Power Sanctions — Extrajudicial Misconduct — Dismissal for Threatening Own Counsel, Mediator, Opposing Claimants and Individual Representative of Opposing Party

Davis v. St. Luke’s-Roosevelt Hosp. Ctr., 2019 WL 2754725 (2d Cir July 2, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Barry Davis, proceeding pro se, appeals from a judgment of the District Cour ...
Davis v. St. Luke’s-Roosevelt Hosp. Ctr., 2019 WL 2754725 (2d Cir July 2, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Barry Davis, proceeding pro se…
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District Court Not Divested by Appeal of Power to Order Civil Contempt Sanction of $500/day for Failure to Pay Pre-Appeal Sanctions Award — While Pre-Judgment Civil Contempt Not Appealable, Post-Judgment Contempt Order = §1291 Final Decision

CGC Holding Co., LLC v. Hutchens, 2019 WL 2724333 (10th Cir. July 1, 2019) (unpublished): *1 Defendants-Appellants Sandy Hutchens, Tanya Hutchens, and Jennifer Hutchens (collectively “the Hutchens Defendants”), proceeding pro se, appeal from a post-judgment
CGC Holding Co., LLC v. Hutchens, 2019 WL 2724333 (10th Cir. July 1, 2019) (unpublished): *1 Defendants-Appellants Sandy Hutchens, Tanya Hutchens, and Jennifer Hutchens (collectively “the Hutchens Defendants”), proceeding pro se, appeal from a post-judgment1 order finding them in …
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Sanctions: Rule 11 “Duty to Conduct Reasonable Investigation into Law & Facts … Renews at Each Stage of Litigation” (Good Quotes) — 7th Circuit (Alone) Continues to Accept Disregard of Motion Requirement, Letter OK

McGreal v. Village of Orland Park, 2019 WL 2609341 (7th Cir. June 26, 2019): *1 The Village of Orland Park fired police officer Joseph McGreal in 2010. McGreal sued, alleging that the Village fired him in retaliation for remarks he made at a community board meeting. The district court granted summary judgment for th ...
McGreal v. Village of Orland Park, 2019 WL 2609341 (7th Cir. June 26, 2019): *1 The Village of Orland Park fired police officer Joseph McGreal in 2010. McGreal sued, alleging that the Village fired him in retaliation for remarks he…
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Experts/Daubert — Survey Results in Patent Infringement Case Must Be Adequately Tied to Claims — Questions Worded Broadly Enough to Capture Both Infringing and Non-Infringing Uses Not Helpful to Trier of Fact

   Parallel Networks Licensing v. Microsoft Corp., 2019 U.S. App. LEXIS 19442 (Fed. Cir. June 28, 2019): This is a patent case involving web pages. Parallel Net-works Licensing, LLC sued Microsoft Co ...
Parallel Networks Licensing v. Microsoft Corp., 2019 U.S. App. LEXIS 19442 (Fed. Cir. June 28, 2019): This is a patent case involving web pages. Parallel Net-works Licensing, LLC sued Microsoft Corporation in the United States District Court for the District…
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Does Arbitration Fail If Clause Names Unavailable (Out of Business) Arbitrator Or May Court Appoint a Sub under FAA §5? (Circuit Split) — Nonsignatory Enforcement of Arb Clause: Equitable Estoppel

 Frazier v. Western Union Co., 2019 U.S. Dist. LEXIS 51736 (D. Colo. Mar. 27, 2019): This matter is before the Court on Defendants' Motion to Stay Proceeding Pending Arbitration Pursuant to
Frazier v. Western Union Co., 2019 U.S. Dist. LEXIS 51736 (D. Colo. Mar. 27, 2019): This matter is before the Court on Defendants' Motion to Stay Proceeding Pending Arbitration Pursuant to Section 3 of the Federal Arbitration Act [#33]1…
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Appealability—Pendent Appellate Jurisdiction: Unquantified Exceptional Case Attorneys’ Fees Award under 35 U.S.C. § 285 — Like Unquantified Rule 11 Sanctions Award — Is Not Reviewable

 Elbit Sys. Land & C4I Ltd. v. Hughes Network Sys., LLC, 2019 U.S. App. LEXIS 18852 (Fed. Cir. June 25, 2019): Elbit Systems Land and C4I Ltd. and Elbit Systems of America, LLC (collectively, Elbit) brought ...
Elbit Sys. Land & C4I Ltd. v. Hughes Network Sys., LLC, 2019 U.S. App. LEXIS 18852 (Fed. Cir. June 25, 2019): Elbit Systems Land and C4I Ltd. and Elbit Systems of America, LLC (collectively, Elbit) brought this action against Hughes…
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Diversity Jurisdiction: Forum Selection Clause and Waiver of Forum Non Conveniens Together Waive Forum Defendant Rule, Which Is Waivable

 Uboh v. United States Equestrian Found., 2019 U.S. Dist. LEXIS 70840 (E.D. Ky. April 26, 2019): MEMORANDUM OPINION AND ORDER Plaintiff Cornelius Uboh, through counsel, has moved the ...
Uboh v. United States Equestrian Found., 2019 U.S. Dist. LEXIS 70840 (E.D. Ky. April 26, 2019): MEMORANDUM OPINION AND ORDER Plaintiff Cornelius Uboh, through counsel, has moved the Court to reconsider the decision outlined in the Court's previous memorandum opinion…
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Sanctions: Bankruptcy Courts Empowered to Impose Civil Contempt — Circuit Split As to Whether They Have the Power to Issue Criminal Contempt Sanctions — Civil Contempt Standards Elucidated

 Winnecour v. Ocwen Loan Servicing, LLC (In re Ransom), 2019 Bankr. LEXIS 953 (Bankr. W.D. Pa. Mar. 28, 2019): MEMORANDUM OPINION and ORDER This matter concerns an Order to ...
Winnecour v. Ocwen Loan Servicing, LLC (In re Ransom), 2019 Bankr. LEXIS 953 (Bankr. W.D. Pa. Mar. 28, 2019): MEMORANDUM OPINION and ORDER This matter concerns an Order to Show Cause ("OTSC") that was issued in both of the above…
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A Supplemental Complaint Filed Pursuant to Fed. R. Civ. P. 15(d), Which Adds Facts Not in Existence at the Time of Original Filing, May Be Used to Correct Substantive Defects in Original, Including Lack of Standing

St. Bernard Parish Gov't v. United States, 2019 U.S. Claims LEXIS 686 (Court of Federal Claims June 20, 2019): BACKGROUND On April 4, 2019, the court issued an Opinion in the above ...
St. Bernard Parish Gov't v. United States, 2019 U.S. Claims LEXIS 686 (Court of Federal Claims June 20, 2019): BACKGROUND On April 4, 2019, the court issued an Opinion in the above-captioned case denying defendant's motion to dismiss. See St. …
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Daubert — Expert Testimony That Location of Warning Labels on Jet Ski Were Not Sufficiently Visible Properly Excluded Absent Any Methodology — Opinion Was “At Best, An Educated Guess” (Good Quote)

 Ruggiero v. Yamaha Motor Corp., 2019 U.S. App. LEXIS 18143 (3d Cir. June 17, 2019) (unpublished): After suffering a severe injury while riding a personal watercraft (PWC), Plaintiff Angela Ruggierio sued th ...
Ruggiero v. Yamaha Motor Corp., 2019 U.S. App. LEXIS 18143 (3d Cir. June 17, 2019) (unpublished): After suffering a severe injury while riding a personal watercraft (PWC), Plaintiff Angela Ruggierio sued the PWC's wholesaler, Defendant Yamaha Motor Corp., U.S.A., alleging…
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Recent Posts

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

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

Spoliation: Fed. R. Civ. P. 37(e) Imposes a Higher Standard — Intent — Than Fourth Circuit Law Previously Applied to Spoliation of Electronically-Stored Information (And Still Does As to Non-ESI) — Willfulness vs. Intent

Inherent Power and § 1927 Sanctions: Removal of counsel from case, referral for disciplinary action, and award of fees and costs for assaulting opposing counsel at deposition — Failure to request hearing waive any right to a hearing — Notice and opportunity to be heard required before sua sponte sanctions imposed, whether under Rule 11, the inherent power of the court or § 1927 — Notice may come from court or opposing counsel — Order imposing sanctions cannot provide notice of sanctions — Nature of bad faith requirement for inherent power sanctions: bad faith to obstruct the judicial process or bring about violation of a court order — Sanctions proceeding need not defer (Younger abstention) to disciplinary proceeding involving the same conduct — Sanctions proceeding doesn’t threaten to interfere with disciplinary proceeding — Why District Court is accorded significant deference in matters concerning attorney’s fees

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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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