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

Spoliation: Timeliness of Sanctions Motion — 4 Factors for Gauging Whether Delay Should Bar Relief under Rule 37(e) [Or Otherwise] — Eve of Trial Too Late, If Non-Preservation Known Years Earlier, Even If Party Didn’t Realize Prejudice Earlier

Wakefield v. Visalus, Inc., 2019 WL 1411127 (D. Or. Mar. 27, 2019) ( 
Wakefield v. Visalus, Inc., 2019 WL 1411127 (D. Or. Mar. 27, 2019) ( Wakefield v. ViSalus, Inc., 2019 U.S. Dist. LEXIS 48012 (D. Or., Mar. 22, 2019)): *1 Trial is set to begin in this class action lawsuit on…
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Even State RICO Stat. Allowing Suit for “Indirect” Injury Doesn’t Permit Shareholder Suit for Harm to Corp. Devaluing Stock — It Is a Derivative Claim — Contempt for Violating Automatic Stay Where Corp. = Debtor

Nicole Gas Production, Ltd. v. Bowers, 2019 WL 850960 (6th Cir. Feb. 22, 2019): *1 This is a bankruptcy contempt dispute. Normally a party’s conduct is contemptuous or it is not. But in this unusual case, whether the defendants are in contempt depends on statutory construction. The question presented is whet ...
Nicole Gas Production, Ltd. v. Bowers, 2019 WL 850960 (6th Cir. Feb. 22, 2019): *1 This is a bankruptcy contempt dispute. Normally a party’s conduct is contemptuous or it is not. But in this unusual case, whether the defendants are …
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Appellate Review: While Ct App Must Pay Some Deference to Trial Judge’s Feel of Case, This Doesn’t Include Deference to Remittitur Based on Observations Jury Also Had Opportunity to Make

Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): [Footnote 6] "[A]n appellate court must pay ...
Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): [Footnote 6] "[A]n appellate court must pay some deference to a trial judge's 'feel of the case' . . . …
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Rule 404(b): Prior Bad Act Evidence Offered to Prove Matters Other Than Characteristic “Has Always Been Problematic for the Courts” — OK to Prove Lack of Accident when Defense Makes It Clear It Will Assert Accident Defense

Fairbanks v. State, 2019 WL 1374382 (Ind. Mar. 27, 2019): In criminal cases,
Fairbanks v. State, 2019 WL 1374382 (Ind. Mar. 27, 2019): 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 because,…
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Class Actions — Is There a Necessity Requirement under Rule 23(b)(2)? — Circuit Split — Ascertainability Means Class Members Can Be (Not Have Been) Identified — Even 20 Members Sufficiently Numerous

J.S.X. v. Foxhoven., 2019 U.S. Dist. LEXIS 43064, 2019 WL 1147144 (S.D. Iowa Mar. 13, 2019):  Plaintiffs J.S.X., C.P.X., and K.N.X. brought this action on [*3]  beha ...
J.S.X. v. Foxhoven., 2019 U.S. Dist. LEXIS 43064, 2019 WL 1147144 (S.D. Iowa Mar. 13, 2019):  Plaintiffs J.S.X., C.P.X., and K.N.X. brought this action on [*3]  behalf of a putative class of individuals at the Boys State Training School…
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Attorney’s Fee Sanctions for Ex Parte Contact with Absent Putative Class Members (Source of Power?) — No Rule 26(a) Violation Where Their Affidavits Were Filed within a Month or Names Disclosed in Discovery

Weller v. Dollar Gen. Corp., 2019 U.S. Dist. LEXIS 34325, 2019 WL 1045960 (E.D. Pa. Mar. 4, 2019): Plaintiff Christopher Weller has filed a Motion to Strike and for Sanctions (doc. 47) ...
Weller v. Dollar Gen. Corp., 2019 U.S. Dist. LEXIS 34325, 2019 WL 1045960 (E.D. Pa. Mar. 4, 2019): Plaintiff Christopher Weller has filed a Motion to Strike and for Sanctions (doc. 47) against Defendants Dollar General Corp. and Dolgencorp,…
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Judicial Notice of Internet Evidence — Mapping Tools (Google Maps)

United States v. Farley, 2019 U.S. Dist. LEXIS 44169, 2019 WL 1245135 (N.D. Cal. Mar. 18, 2019): Footnote 11.  Farley also argues the stop was improper because the tip was about a susp ...
United States v. Farley, 2019 U.S. Dist. LEXIS 44169, 2019 WL 1245135 (N.D. Cal. Mar. 18, 2019): Footnote 11.  Farley also argues the stop was improper because the tip was about a suspicious driver in a silver Infiniti near…
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Sanctions — Vexatious Litigant Injunction: 4 Factors (9th Circuit) — Failure to Give Notice of Possible Injunction (Imposed on Rule 11 Motion) Requires Vacatur

Block v. Wash. State Bar Ass'n, 2019 U.S. App. LEXIS 4089 (Feb. 11, 2019) (unpublished): MEMORANDUM* and ORDER Plaint ...
Block v. Wash. State Bar Ass'n, 2019 U.S. App. LEXIS 4089 (Feb. 11, 2019) (unpublished): MEMORANDUM* and ORDER Plaintiff-appellant Anne Block appeals the district court's orders dismissing her amended complaint against defendants-appellees City of Gold Bar, Washington State…
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Website Authentication Depends on Purpose of Offer — Less Needed If Not for Attribution to Person — Legal Interpretation of Federal Rules of Evidence Reviewed De Novo — Did Motion in Limine Preserve Issue? (3 Factors)

United States v. Isabella, 2019 U.S. App. LEXIS 7213 (10th Cir. Mar. 12, 2019): Rande Isabella was convicted under
United States v. Isabella, 2019 U.S. App. LEXIS 7213 (10th Cir. Mar. 12, 2019): Rande Isabella was convicted under 18 U.S.C. § 2422(b) of persuading and attempting to persuade S.F., a 14-year-old girl, to "engage . . . in…
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It Would Appear That, After Getting a Traffic Ticket, One Has a Constitutional Right to Make a Rude Gesture at the Officer, without Fear of Reprisal (Definitely Not Recommended That Anyone Test This)

Cruise-Gulyas v. Minard, 2019 U.S. App. LEXIS 7369, 2019 WL 1143852 (6th Cir. Mar. 13, 2019):  [**1]  Fits of rudeness or lack of gratitude may violate the Go ...
Cruise-Gulyas v. Minard, 2019 U.S. App. LEXIS 7369, 2019 WL 1143852 (6th Cir. Mar. 13, 2019):  [**1]  Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn't make them illegal or for that matter …
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

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

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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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