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

Snapchat: Authentication v. Rule of Completeness: If Not Misleading or Relevant, No Need to Offer All Messages to Authenticate Some — Recipient’s Testimony Sender Was “Friend” Who Gave Her His Username + Content — Photos of Text Fair, Accurate

State v. Mrza, 302 Neb. 931 (2019): I. INTRODUCTION [*934] Sami S. Mrza appeals his jury conviction and sentencing for first degree sexual assau ...
State v. Mrza, 302 Neb. 931 (2019): I. INTRODUCTION [*934] Sami S. Mrza appeals his jury conviction and sentencing for first degree sexual assault. Although he assigns multiple errors, we focus on two issues: the authentication requirement for "Snapchat" …
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R. 11 & Inherent Power Sanctions: Relitigating Issues without Offering New Facts Unnec’y to Preserve Review, Is Sanctionable — But Not Raising Issue Undecided by S. Ct. or Courts in Cir., Or Identifying Adverse Case & Seeking Different Result

Carmax Auto Superstores v. Sibley, 2019 U.S. App. LEXIS 11504 (4th Cir. April 19, 2019) (unpublished): PER CURIAM: Montgomery B. Sibley appeals the dist ...
Carmax Auto Superstores v. Sibley, 2019 U.S. App. LEXIS 11504 (4th Cir. April 19, 2019) (unpublished): PER CURIAM: Montgomery B. Sibley appeals the district court's orders granting CarMax Auto Superstores, Inc.'s ("CarMax") petition to confirm an arbitration award, denying…
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Party Can Agree to Court’s Jurisdiction to Compel Arbitration without Waiving Personal Jd Defense Otherwise — Intent of Parties to Contract Controls Whether Non-Signatory (Subrogee) Can Compel — Court Decides If 3d Party Can Compel v. Arbitrability

Halliburton Energy Servs. v. Ironshore Specialty Ins. Co., 2019 U.S. App. LEXIS 11255 (5th Cir. April 17, 2019): An oil rig caught fire and exploded in Ohio. S ...
Halliburton Energy Servs. v. Ironshore Specialty Ins. Co., 2019 U.S. App. LEXIS 11255 (5th Cir. April 17, 2019): An oil rig caught fire and exploded in Ohio. Statoil USA Onshore Properties operated the rig, Halliburton Energy Services fracked at…
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Rule 11 Sanctions Appropriate for Frivolous Notice of Removal — No Safe Harbor If Sanctions Imposed Sua Sponte

Wong v. Kracksmith, Inc., 2019 U.S. App. LEXIS 8157 (9th Cir. Mar. 19, 2019) (unpublished): MEMORANDUM* Appellants Kracks ...
Wong v. Kracksmith, Inc., 2019 U.S. App. LEXIS 8157 (9th Cir. Mar. 19, 2019) (unpublished): MEMORANDUM* Appellants Kracksmith, Inc., and William Stocker, its attorney in this action, appeal from the district court's order remanding plaintiff's action to California…
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Daubert/Experts: Focus = Helpfulness & Threshold Low (Relevance) — Judge Not to Supplant Jury, Rejection of Testimony Is Exception, Not Rule (Good Quotes) — Manifest Error Standard in Reviewing Expert Evidence Rulings — R. 50(b)=Anti-Ambush

Puga v. RCX Sols., Inc., 2019 U.S. App. LEXIS 11229 (5th Cir. April 17, 2019): IT IS ORDERED that the pending joint motion for clarification of this court' ...
Puga v. RCX Sols., Inc., 2019 U.S. App. LEXIS 11229 (5th Cir. April 17, 2019): IT IS ORDERED that the pending joint motion for clarification of this court's opinion is GRANTED and our prior panel opinion, Puga v. RCX …
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R. 37(c) Sanctions: Damages Evidence Excluded, Resulting in Dismissal of Claim, for Failure to Disclose Pursuant to Rule 26(a) — 9th Cir. Factors When Exclusion = Dismissal — Weighing Choice of Law Factors under Restatement 2d §188

Ingenco Holdings, LLC v. ACE Am. Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir. April 15, 2019): Appellants operate a gas purification plant in King Co ...
Ingenco Holdings, LLC v. ACE Am. Ins. Co., 2019 U.S. App. LEXIS 10946 (9th Cir. April 15, 2019): Appellants operate a gas purification plant in King County, Washington. In 2010, metal brackets securing a crucial component broke, resulting in …
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Rule 404(b): Use of Other Bad Acts Evidence Has Always Been Problematic (Good Quote) — Lack of Accident Evidence OK Only If State Has Reliable Assurance Accident Defense Will Be Raised (Here, Statements to Media, Police), Or Already Has Been

Fairbanks v. State, 119 N.E.3d 564 (Ind. Mar. 27, 2019): 1]In criminal cases,
Fairbanks v. State, 119 N.E.3d 564 (Ind. Mar. 27, 2019): 1]In criminal cases, Indiana Evidence Rule 404(b)’s purpose is to prevent the jury from indulging in the “forbidden inference”—that a defendant must be guilty of the charged crime…
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Magistrate Judge May Impose Criminal Contempt ($5,000 on Counsel) — No Need for Subject Matter Jurisdiction If Order Violated — Crim. Contempt = Separate Proceeding — Lawyer Must Assert Privilege Question by Ques. — Order = Compulsory Process

United States v. LeFande (In re LeFande), 2019 U.S. App. LEXIS 8965, 2019 WL 1339452 (D.C. Cir. Mar. 26, 2019): Matthew LeFande appeals an order summar ...
United States v. LeFande (In re LeFande), 2019 U.S. App. LEXIS 8965, 2019 WL 1339452 (D.C. Cir. Mar. 26, 2019): Matthew LeFande appeals an order summarily holding him in criminal contempt for refusing a magistrate judge's orders to take …
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Spoliation of Tangible Evidence — Bad Faith Still Required (7th Circuit) — Mistake Not Enough

Mathews v. Brown, 2019 U.S. App. LEXIS 10692 (7th Cir. April 11, 2019) (unpublished): Correctional officers at a Wisconsin prison placed inmate Dion Ma ...
Mathews v. Brown, 2019 U.S. App. LEXIS 10692 (7th Cir. April 11, 2019) (unpublished): Correctional officers at a Wisconsin prison placed inmate Dion Mathews in isolated housing for writing a "group petition," in violation of a Department of Corrections …
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Facebook Page/Photos Sufficiently Authenticated by Equivocal Admissions (Didn’t Know Password for “My Facebook”), Contents (Photos of Alleged Page Owner), Message from Account with Owner’s First Name, Receipt of Page Data from Facebook

      People v. Griffis, 2019 Cal. App. Unpub. LEXIS 1249 (Cal. Ct. App. Feb. ...
People v. Griffis, 2019 Cal. App. Unpub. LEXIS 1249 (Cal. Ct. App. Feb. 21, 2019):  [*1]  APPEAL from a judgment of the Superior Court of Los Angeles County, Stephen A. Marcus, Judge. Remanded for sentencing; and judgment otherwise affirmed.  …
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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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