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

Inherent Power & 41(b) Sanctions: Dismissal with Prejudice upon Disregard of An Order Generally OK If Party Forewarned — Finding Lesser Sanctions Wouldn’t Suffice May Be Implicit

Novero v. Duke Energy, 2018 WL 5013823 (11th Cir. Oct. 16, 2018): PER CURIAM: In this employment action, Plaintiff Primo C. Novero appeals the district court’s dismissal of his Complaint for failure to comply with
Novero v. Duke Energy, 2018 WL 5013823 (11th Cir. Oct. 16, 2018): PER CURIAM: In this employment action, Plaintiff Primo C. Novero appeals the district court’s dismissal of his Complaint for failure to comply with Federal Rules of Civil Procedure …
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Facebook Posts, Photos Authenticated by Messages betw Defendant (D) & Known Assocs, Contents of Posts, Witness Testimony That He Set Meetings with D by FB and D Came, Selfies, Birthday Message Posted on D’s Birthday, No Evidence Anything Planted

People v. Delgado, 2018 Cal. App. Unpub. LEXIS 8357 (Cal. Ct. App. Dec. 11, 2018): I. Introduction Defendant Alejandro Ernesto Hernandez-Delgado appeals ...
People v. Delgado, 2018 Cal. App. Unpub. LEXIS 8357 (Cal. Ct. App. Dec. 11, 2018): I. Introduction Defendant Alejandro Ernesto Hernandez-Delgado appeals after a jury convicted him of first degree murder (Pen. Code, 187, subd. (a))[1] and …
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§1927 Sanctions Unreviewable, Even Though Notice of Appeal Stated That Review of §1927 Award Was Its Purpose, Where Appeal Filed in Name of Client and Counsel Was Not Named as Appellant

King v. Burr, 2018 U.S. App. LEXIS 34702 (3d Cir. Dec. 10, 2018) (unpublished): OPINION* AMBRO, Circuit Judge ...
King v. Burr, 2018 U.S. App. LEXIS 34702 (3d Cir. Dec. 10, 2018) (unpublished): OPINION* AMBRO, Circuit Judge This is the second appeal filed in this case. See King v. Burr et al., 728 F. App'x 83 …
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Dismissal Sanction: Factors (11th Cir.) — Disregard of Order, If Warned, Enough — Implicit Finding Lesser Sanctions Insufficient OK — Party Personally Responsible — No Recusal Based on Rulings, Standard Consumer Transactions

Barone v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 34589 (11th Cir. Dec. 10, 2018): PER CURIAM: John Barone, proceeding pro se, appeals the district court's dism ...
Barone v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 34589 (11th Cir. Dec. 10, 2018): PER CURIAM: John Barone, proceeding pro se, appeals the district court's dismissal with prejudice of his lawsuit against Wells Fargo Bank, N.A. ("Wells…
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Experts: “Rule 702 Is a Screening Procedure, Not an Opportunity to Substitute the Trial Court’s Judgment for That of a Jury” (Good Quote) — Updated Guidelines after Trial Not Considered on Appeal, Potential Basis for New Trial Motion

United States v. Barton, 2018 WL 6374201 (11th Cir. Dec. 6, 2018): *1 Robert Barton was charged by a grand jury sitting in the Middle District of Florida, tried by a petit jury, and convicted in a single count of being a felon in possession of a firearm in violation of
United States v. Barton, 2018 WL 6374201 (11th Cir. Dec. 6, 2018): *1 Robert Barton was charged by a grand jury sitting in the Middle District of Florida, tried by a petit jury, and convicted in a single count of…
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Denial of Rule 11 Motion Does Not Preclude Order to Show Cause Detailing Independent Grounds for Sanctions — Doubling Down on Frivolous Args., Baseless Attacks on Judge Warrant Sanctions — Dist. Ct’s Reliance on Out-of-Circuit Unpublished Opins. OK

Overcash v. Shelnutt, 2018 U.S. App. LEXIS 28741 (11th Cir. Oct. 12, 2018): PER CURIAM: The facts underlying this dispute are—to put it charitably—sprawling and convoluted. T ...
Overcash v. Shelnutt, 2018 U.S. App. LEXIS 28741 (11th Cir. Oct. 12, 2018): PER CURIAM: The facts underlying this dispute are—to put it charitably—sprawling and convoluted. They are also well known to the parties, so we address them here…
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Rule 37 Sanctions: “If a Party Gets 4 Extensions … & Blows Thru All of Them without Justification, He May Well Not Get a 5th” (Good Quote) — Dismissal Doesn’t Require Prejudice (That’s Just One Factor)

Cox v. UPS, Inc., 2018 WL 4922803 (3d Cir. Oct. 10, 2018) (unpublished): *1 If a party gets four extensions of his discovery deadlines and blows through them all without justification, he may well not get a fifth chance. The District Court here was admirably patient with Paul Cox, but that patience is ...
Cox v. UPS, Inc., 2018 WL 4922803 (3d Cir. Oct. 10, 2018) (unpublished): *1 If a party gets four extensions of his discovery deadlines and blows through them all without justification, he may well not get a fifth chance. The…
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Experts: Lack of Specialization Goes to Weight — Expert Not Strictly Confined to His or Her Area of Specialty But May Testify Concerning Related Applications (Good Quotes)

Cedar Lodge Plantation, L.L.C. v. CSHV Fairway View I, L.L.C., 2018 U.S. App. LEXIS 28535, 2018 WL 4932716 (5th Cir. Oct. 10, 2018) (unpublished): PER CURIAM:
Cedar Lodge Plantation, L.L.C. v. CSHV Fairway View I, L.L.C., 2018 U.S. App. LEXIS 28535, 2018 WL 4932716 (5th Cir. Oct. 10, 2018) (unpublished): PER CURIAM:* Plaintiff, Cedar Lodge Plantation, L.L.C. ("Cedar Lodge"), challenges the district court's summary…
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FRAP 38 Sanctions Appropriate Because Appellant Ignored Rulings, Warnings and Sanctions Entered by District Court and Pursued Essentially All of the Frivolous Claims on Appeal

Momo Enters., LLC v. Popular Bank, 2018 WL 4846333 (7th Cir. Oct. 4, 2018) (unpublished): *1 The plaintiffs-appellants in this case filed this suit challenging the sales and foreclosures of a residential and a commercial condominium in Chicago and their subsequent evictions from those properties. They alleged a large ...
Momo Enters., LLC v. Popular Bank, 2018 WL 4846333 (7th Cir. Oct. 4, 2018) (unpublished): *1 The plaintiffs-appellants in this case filed this suit challenging the sales and foreclosures of a residential and a commercial condominium in Chicago and their…
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R. 37 Sanctions: Vigor of Review Fact-Dependent—“Substantial” Sxs Merit More — $50K Not Substantial — Prof’l, Personal Obligations No Excuse to Miss Deadlines — Opponent’s Non-Responsivenes Justifies Skipping Premotion Conf.

Shumpert v. City of Tupelo, 2018 U.S. App. LEXIS 27263, 2018 WL 4561268 (5th Cir. Sept. 24, 2018): Plaintiffs-Appellants appeal the district court's grant of summary judgment dismis ...
Shumpert v. City of Tupelo, 2018 U.S. App. LEXIS 27263, 2018 WL 4561268 (5th Cir. Sept. 24, 2018): Plaintiffs-Appellants appeal the district court's grant of summary judgment dismissing their Fourth Amendment, 42 U.S.C. § 1983 excessive force and state…
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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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