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

RICO Conspiracy: Individual Relationship Spokes United by a Unifying Purpose ≠ Hub & Spoke Conspiracy — Where Cover-Up Is Essential Element of Criminal Scheme, It Counts for Continuity Purposes–Constitutional–Appeals: Must Specify Cross-Adoption

United States v. Fattah, 2019 U.S. App. LEXIS 1405 (3d Cir. Jan. 16, 2019): Table of Contents
United States v. Fattah, 2019 U.S. App. LEXIS 1405 (3d Cir. Jan. 16, 2019): Table of Contents Go to table1 [End of Document] I. Introduction Chaka Fattah, Sr., a powerful and prominent fixture in Philadelphia politics, financially overextended himself…
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RICO: Fraud of 3rd Parties for Purpose of Harming Plaintiffs = Proximate Cause — Rejecting Argument Statute of Limitations Doesn’t Commence Until Def. “Delivers Gift-Wrapped Admission” of Liability (Good Quote)

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharms. (In re Celexa and Lexapro Mktg. & Sales Pracs. Litig.), 915 F.3d 1 (1st Cir. 2019): These consolida ...
Painters & Allied Trades Dist. Council 82 Health Care Fund v. Forest Pharms. (In re Celexa and Lexapro Mktg. & Sales Pracs. Litig.), 915 F.3d 1 (1st Cir. 2019): These consolidated appeals arise out of two so-called "off-label" prescription-drug-marketing cases…
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Social Media Photo Authenticated by Testimony It Is an Accurate Screenshot, Contents Depicted & Associated Comments on Same Facebook Page, and Lack of Evidence Suggesting Fabrication or Alteration

State v. Caslin, 2018-Ohio-5362, 2018 Ohio App. LEXIS 5679 (Ohio Ct. App. Dec. 31, 2018): [*P1]  Defendant-appellant, Chavez D. Caslin, appeals from a judgment ...
State v. Caslin, 2018-Ohio-5362, 2018 Ohio App. LEXIS 5679 (Ohio Ct. App. Dec. 31, 2018): [*P1]  Defendant-appellant, Chavez D. Caslin, appeals from a judgment of the Franklin County Court of Common Pleas entered on July 27, 2017, sentencing Caslin …
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RICO: Neither Patent Infringement Nor Unfavorable Judicial Rulings Are Predicate Acts — Infringing Products ≠ Stolen Property

Arunachalam v. IBM Corp., 2019 WL 350760 (3d Cir. Jan. 28, 2019) (unpublished): PER CURIAM. *1 Dr. Lakshmi Arunachalam, proceeding pro se, appeals multiple decisions from the United States District Court for the District of Delaware, including its dismissal of a patent infringement claim, dismissal of civil claims under the Rac ...
Arunachalam v. IBM Corp., 2019 WL 350760 (3d Cir. Jan. 28, 2019) (unpublished): PER CURIAM. *1 Dr. Lakshmi Arunachalam, proceeding pro se, appeals multiple decisions from the United States District Court for the District of Delaware, including its dismissal of…
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Generally No Rule 37(d) Dismissal If Lesser Sanctions Suffice, But Court May Has Discretion to Dismiss for Flagrant Disregard & Willful Disobedience of Discovery Orders — 41(b) Dismissal for Violating Order Generally OK If Litigant Forewarned

Soto v. Miami Dade Cty., 2019 WL 286153 (11th Cir. Jan. 22, 2019) (unpublished): PER CURIAM: *1 Appellant, Maricelia Soto (“Soto”), appeals the district court’s order dismissing her civil rights complaint against Miami-Dade County and two Miami-Dade County police officers (“the defendants”). The distr ...
Soto v. Miami Dade Cty., 2019 WL 286153 (11th Cir. Jan. 22, 2019) (unpublished): PER CURIAM: *1 Appellant, Maricelia Soto (“Soto”), appeals the district court’s order dismissing her civil rights complaint against Miami-Dade County and two Miami-Dade County police officers…
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Voicemail Authentication: Under Rule 901(b)(5), Witness with Knowledge May Opine as to Identity of Voice — And That Exhibit (a Copy the Recording) Accurately Reflects the Message S/he Received [Implicitly Best Evidence, Too]

Commonwealth v. Bair, 2015 Pa. Super. Unpub. LEXIS 497, 120 A.3d 1054, 2015 WL 4263615 (Pa. Super. Ct. Mar. 13, 2015): Paul Thomas Bair, III, appeals pro se from the order ente ...
Commonwealth v. Bair, 2015 Pa. Super. Unpub. LEXIS 497, 120 A.3d 1054, 2015 WL 4263615 (Pa. Super. Ct. Mar. 13, 2015): Paul Thomas Bair, III, appeals pro se from the order entered May 21, 2014, denying his PCRA petition,…
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Judicial Notice May Be Taken of Undisputed Information on Government Websites, Including Court Proceedings — Doing So Does Not Convert 12(b)(6) Dismissal Motion into Summary Judgment Motion

Vice v. Coffee, 2019 U.S. Dist. LEXIS 1008, 2019 WL 97025 (E.D. Ky. Jan. 3, 2019): Defendants James Botts, Rodney Coffee, Barry Thacker, and Kenneth Scarberry have filed motions to dism ...
Vice v. Coffee, 2019 U.S. Dist. LEXIS 1008, 2019 WL 97025 (E.D. Ky. Jan. 3, 2019): Defendants James Botts, Rodney Coffee, Barry Thacker, and Kenneth Scarberry have filed motions to dismiss the complaint filed by plaintiff Phillip Gene Vice.…
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Pro Se Pleadings from Lawyers Not Liberally Construed — No Rule 38 Sanctions Absent Separate Motion — “Just Damages” Include Fees, Which Need Not Be Itemized — Court May Award Fixed Amount as Penalty [Goodyear v. Haeger?]

Lipin v. Wisehart, 2019 U.S. App. LEXIS 1534  (10th Cir. Jan. 7, 2019) (unpublished): ORDER AND JUDGMENT* ...
Lipin v. Wisehart, 2019 U.S. App. LEXIS 1534  (10th Cir. Jan. 7, 2019) (unpublished): ORDER AND JUDGMENT* These consolidated appeals arise from a dispute over the ownership of real property in Delta County, Colorado (Property). Appellant Joan C. …
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RICO Proximate Cause/Injury Satisfied by Cost of Defending Sham Filing, Lost Sales Due to False Claims — Harm to Bus. Reputation? (State Law vs. Intangible) — >1 Can Be Directly Injured — Need Factual Allegations of Injury — RJR Issue Noted

Harmoni Int’l Spice, Inc. v. Hume, 2019 WL 286923 (9th Cir. Jan. 23, 2019): The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO),
Harmoni Int’l Spice, Inc. v. Hume, 2019 WL 286923 (9th Cir. Jan. 23, 2019): The main issue in this appeal is whether the plaintiffs adequately alleged proximate cause under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 …
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Unless D.Ct. Conclusively Precludes Proof of Required Element of Claim, Order Unappealable — Striking Preferred Damages Approach, Making Case Unprofitable Not Enough — Sanctions & Attorney’s Fees Rulings Almost Always Interlocutory

Princeton Digital Image Corp. v. Office Depot Inc., 2019 WL 272836 (Fed. Cir. Jan. 22, 2019): *1 The parties appeal and cross appeal from various rulings by the U.S. District Court for the District of Delaware in a patent and breach of contract dispute. Because there was no final decision on the merits, we dismiss the ...
Princeton Digital Image Corp. v. Office Depot Inc., 2019 WL 272836 (Fed. Cir. Jan. 22, 2019): *1 The parties appeal and cross appeal from various rulings by the U.S. District Court for the District of Delaware in a patent and…
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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