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

Supreme Court: If Arbitrability Assigned to Arbitrator, No “Wholly Groundless” Exception Exists — “It Is Not Unheard-of” for Fair Adjudicators to Vigorously Disagree (Good Quote)

Henry Schein, Inc. v. Archer & White Sales, Inc., 2019 U.S. LEXIS 566I (U.S. Jan. 9, 2019):
Henry Schein, Inc. v. Archer & White Sales, Inc., 2019 U.S. LEXIS 566I (U.S. Jan. 9, 2019): HN1[] Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court…
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“Rule 11 Doesn’t Authorize Sanctions for Merely Frustrating Conduct” (Good Quote) — Where Plaintiff’s Dep. Contradicted Complaint, Failure to Withdraw Claims Warrants Fees for Post-Dep. SJ & Sanctions Motion Following R. 11 Letter

Cameau v Nat’l Recovery Agency, Inc., 2018 WL 4522104 (E.D.N.Y. Aug. 6, 2018) (R&R): I. PRELIMINARY STATEMENT *1 Plaintiff Jeff Cameau (“Plaintiff”) commenced this action in May of 2015 against Defendant National Recovery Agency, Inc. (“Defendant”), asserting violations of the ...
Cameau v Nat’l Recovery Agency, Inc., 2018 WL 4522104 (E.D.N.Y. Aug. 6, 2018) (R&R): I. PRELIMINARY STATEMENT *1 Plaintiff Jeff Cameau (“Plaintiff”) commenced this action in May of 2015 against Defendant National Recovery Agency, Inc. (“Defendant”), asserting violations of the…
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Facebook Messenger Texts from “Bob” Authenticated by Recipient, Who Knew Only One Bob; by Facebook Page Owner, Who Didn’t Send Them & Gave Access to Bob; & by Contents — Screenshots Given by Page Owner to Police, Thus Authentic

State v. Dickerson, 2018 Kan. App. Unpub. LEXIS 860, 2018 WL 5851444 (Kan. Ct. App. Nov. 9, 2018) (unpublished): Per Curiam: Robert Dickerson appeals hi ...
State v. Dickerson, 2018 Kan. App. Unpub. LEXIS 860, 2018 WL 5851444 (Kan. Ct. App. Nov. 9, 2018) (unpublished): Per Curiam: Robert Dickerson appeals his conviction for aggravated indecent liberties with a child. He raises several claims of error.…
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Appeals: When Court Will Review Issue Not Raised Below (4 Factors (6th Cir.)) — Sanctions: Failure to Serve Rule 11 Motion Requires Reversal, Even Though Issue Not Raised Below (Legal Issue, Error Clear, No Factual Development Needed, Ints. of Justice

Jodway v. Orlans, PC, 2018 U.S. App. LEXIS 35898 (6th Cir. Dec. 20, 2018): Plaintiffs husband and wife Timothy Jodway ("T. Jodway") and Alaina Zanke-Jodway ("A. Jodway") (t ...
Jodway v. Orlans, PC, 2018 U.S. App. LEXIS 35898 (6th Cir. Dec. 20, 2018): Plaintiffs husband and wife Timothy Jodway ("T. Jodway") and Alaina Zanke-Jodway ("A. Jodway") (together, "Plaintiffs") appeal from the order of the district court dismissing Plaintiffs'…
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Rooker-Felman Bars RICO Claim If Injury Caused by State Court Judgment & Bona Fides of Jmt At Issue — Incidental Attorney’s Fees Also Barred —Injury from Excessive Defense Pleadings Maybe OK—Sanctions: M.J. Order Unappealed to DCt Unreviewble

Tso v. Murray, 2019 WL 140992 (10th Cir. Jan. 9, 2019): *1 This case arises from plaintiff Gilbert T. Tso’s dissatisfaction with the child-support obligation established in his Illinois divorce from his ex-wife, Rebecca Murray, and with the procedures used to establish and enforce that obligation. After Murray obtai ...
Tso v. Murray, 2019 WL 140992 (10th Cir. Jan. 9, 2019): *1 This case arises from plaintiff Gilbert T. Tso’s dissatisfaction with the child-support obligation established in his Illinois divorce from his ex-wife, Rebecca Murray, and with the procedures used…
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Rule 601 vs. 702: State Standards for Experts Imported in Diversity Case Where Sufficiently Intertwined with Governing State Substantive Law (Here, Med Mal) — Rule 702 Must Also Be Satisfied (4 Circuits So Far Agree)

Coleman v. United States, 2019 U.S. App. LEXIS 716 (5th Cir. Jan. 8, 2019): Leslie Latrice Coleman, proceeding pro se, raises numerous arguments challenging the district court's g ...
Coleman v. United States, 2019 U.S. App. LEXIS 716 (5th Cir. Jan. 8, 2019): Leslie Latrice Coleman, proceeding pro se, raises numerous arguments challenging the district court's grant of summary judgment on some of her claims and the dismissal…
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28 U.S.C. § 1782’s “For Use” Requirement Is Satisfied If Litigant Intends to Offer the Evidence in the Foreign Proceeding, Regardless of Whether It Is Received — Admissibility/Judicial Receptivity Is for Foreign Court to Decide

In re Bernal, 2018 U.S. Dist. LEXIS 212722 (S.D. Fla. Dec. 18, 2018): ORDER ON BILBO DEVELOPMENT LLC'S AND MORRISON USA, LLC'S MOTION TO QUASH SUBPOENAS OR, ALTERNATI ...
In re Bernal, 2018 U.S. Dist. LEXIS 212722 (S.D. Fla. Dec. 18, 2018): ORDER ON BILBO DEVELOPMENT LLC'S AND MORRISON USA, LLC'S MOTION TO QUASH SUBPOENAS OR, ALTERNATIVELY, MOTION FOR PROTECTIVE ORDER This matter is before the Court on…
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Removal: Is There a Futility Exception to 28 U.S.C. § 1447(c) — Which Requires Remand If the District Court Lacks or Loses Subject Matter Jurisdiction — Allowing a District Court to Dismiss a Removed Case If Remand Would Be Futile? (Circuit Split)

Ratliff v. LTI Trucking Servs., 2019 U.S. Dist. LEXIS 227 (E.D. Mo. Jan. 2, 2019): This matter is before the Court on Defendant LTI Trucking Services, Inc.'s Motion to Dismiss for L ...
Ratliff v. LTI Trucking Servs., 2019 U.S. Dist. LEXIS 227 (E.D. Mo. Jan. 2, 2019): This matter is before the Court on Defendant LTI Trucking Services, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 4)…
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Plaintiff’s Rule 41(a)(2) Motion to Voluntarily Dismiss without Prejudice Must Be Denied If Grant Would Strip Defendant of Viable Defense That Might Not Be Assertable If Plaintiff Were to Refile — Limits of Expressio Unius & Series-Qualifier Canons

United States ex rel. Vaughn v. United Biologics, LLC, 907 F.3d 187 (5th Cir. 2018): **1 The opinion issued September 7, 2018 is withdrawn by the panel, and the following is issued in its place: The plaintiffs-relators initiated a qui tam action under the False Claims Act (“FCA”), Anti-Kick ...
United States ex rel. Vaughn v. United Biologics, LLC, 907 F.3d 187 (5th Cir. 2018): **1 The opinion issued September 7, 2018 is withdrawn by the panel, and the following is issued in its place: The plaintiffs-relators initiated a qui …
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Hearsay — Declaration against Interest — Court Must Consider All Facts & Circumstances to See If Statement Is in Fact So Contrary to Declarant’s Interest That S/he Must’ve Believed It to Be True — Email Evid.: Redact Hearsay to Admit Remainder

In re Estate of Smith, 2018 Ida. LEXIS 216 (Idaho Dec. 18, 2018): This case centers on the estate of Victoria H. Smith. The magistrate court ruled that Victoria died intestate a ...
In re Estate of Smith, 2018 Ida. LEXIS 216 (Idaho Dec. 18, 2018): This case centers on the estate of Victoria H. Smith. The magistrate court ruled that Victoria died intestate after finding that her will was a product …
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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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