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

Sanctions: Dismissal for Evading Answers at Dep (“Deliberate Obtuseness”), = Lying to Avoid Giving Evidence, “Essentially Falsified Testimony” — Inherent Power, R. 37, R. 30(d): “Sanctions … Must Be Proportionate” (Good Quotes)

Donelson v. Hardy, 2019 WL 2949473 (7th Cir. July 9, 2019) (unpublished): ORDER *1 Charles Donelson sued a nurse and Wexford Health Sources, Inc., for allegedly providing him with constitutionally deficient medical care in prison and retaliating against him for filing other lawsuits. After the ...
Donelson v. Hardy, 2019 WL 2949473 (7th Cir. July 9, 2019) (unpublished): ORDER *1 Charles Donelson sued a nurse and Wexford Health Sources, Inc., for allegedly providing him with constitutionally deficient medical care in prison and retaliating against him for…
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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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Recent Posts

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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

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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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