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

Discovery Sanctions — Default Judgment — Fourth Circuit Standards: Factors Considered for Default/Dismissal under Inherent Power and Separate Factors under Rule 37(b) — Party’s Failure to Act after Counsel’s Withdrawal = Evidence of Bad Faith

Davis v. United States, 2018 WL 4339710 (4th Cir. Sept. 11, 2018): *1 Larry Austin appeals the magistrate judge’s January 25, 2017, order granting the United States’ motion to compel his compliance with discovery requests, February 15, 2017, order granting the United States’
Davis v. United States, 2018 WL 4339710 (4th Cir. Sept. 11, 2018): *1 Larry Austin appeals the magistrate judge’s January 25, 2017, order granting the United States’ motion to compel his compliance with discovery requests, February 15, 2017, order granting …
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RICO: Alleged Witness Tampering in State Proceeding ≠ Predicate Act — Normal Communications among Adverse Parties in Litigation ≠ Mail or Wire Fraud

Jaye v. Oak Knoll Vill. Condo. Owners Ass'n, 2018 U.S. App. LEXIS 25943 (3d Cir. Sept. 13, 2018) (unpublished): OPINION* ...
Jaye v. Oak Knoll Vill. Condo. Owners Ass'n, 2018 U.S. App. LEXIS 25943 (3d Cir. Sept. 13, 2018) (unpublished): OPINION* PER CURIAM Chris Ann Jaye, proceeding pro se, appeals from orders of the United States District Court for…
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All Litigants, Inlcuding Pro Ses ,Must Comply with Orders or Face Sanctions (Good Quote) — Refusal to Confine Discovery Requests to Facts of Case + Defiance of Orders + Frivolous Interlocutory Appeals Warrant 26(g), 37(b)(2) & Inherent Power Sxs

Vaigasi v. Solow Mgmt. Corp., 2018 U.S. App. LEXIS 26044 (2d Cir. Sept. 14, 2018) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, I ...
Vaigasi v. Solow Mgmt. Corp., 2018 U.S. App. LEXIS 26044 (2d Cir. Sept. 14, 2018) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. This…
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Expert Opinion Relying on Propensity Evidence Unreliable: Undisputed That Biomechanical Engineers Do Not Rely on Such Evidence in Forming Professional Conclusions

Sandifer v. Hoyt Archery, Inc., 2018 U.S. App. LEXIS 29973 (5th Cir. Oct. 24, 2018): This appeal arises from a most unfortunate, unintended, and unwitnessed death. Dr. Alan Sand ...
Sandifer v. Hoyt Archery, Inc., 2018 U.S. App. LEXIS 29973 (5th Cir. Oct. 24, 2018): This appeal arises from a most unfortunate, unintended, and unwitnessed death. Dr. Alan Sandifer was pierced in the head by the cable guard of …
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An Expert Who Supplies Nothing But A Bottom Line Supplies Nothing of Value to the Judicial Process (Good Quote) — Absent Reasoning, Expert Testimony Properly Excluded

Milligan v. Rock on the River, Inc., 2018 U.S. App. LEXIS 27557, 2018 WL 4664122 (7th Cir. Sept. 27, 2018): Order While attending the "Rock on the River&quo ...
Milligan v. Rock on the River, Inc., 2018 U.S. App. LEXIS 27557, 2018 WL 4664122 (7th Cir. Sept. 27, 2018): Order While attending the "Rock on the River" music festival just outside Prairie du Chien, Wisconsin, in 2013, Joshua…
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Sanctions — Due Process Reviewed De Novo — Verbal Warning One Month Before Sanctions Ordered Gave Target Sufficient Opportunity to File a Brief, Be Heard

Pooshs v. Philip Morris USA, Inc., 2018 WL 6015923 (9th Cir. Nov. 16, 2018): MEMORANDUM* Plaintiff Nikki Pooshs’s counsel, Appellant Gilbert L. Purcell appeals from the district judge’s March 7, 2016 Order Imposing Sanctions on Plaintiff’s Counsel for Misconduct During Trial (“Sanctions Order”). The sole i ...
Pooshs v. Philip Morris USA, Inc., 2018 WL 6015923 (9th Cir. Nov. 16, 2018): MEMORANDUM* Plaintiff Nikki Pooshs’s counsel, Appellant Gilbert L. Purcell appeals from the district judge’s March 7, 2016 Order Imposing Sanctions on Plaintiff’s Counsel for Misconduct During…
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RICO Extraterritoriality: Injury to Tangible Property Is Felt Where Property Is — Factors for Setting Locus of Intangible Injury — Injury to Judgment Is Intangible, Felt Where Plaintiff Is — Can’t Incorporate D. Ct. Brief on Appeal: Violates Word

Cevdet Aksut Ve Ogullari Koll.Sti v. Cavusoglu, 2018 WL 6016549 (3d Cir. Nov. 16, 2018) (unpublished): *1 Plaintiff Cevdet Aksut Ve Ogullari Koll.Sti (“Cevdet”) appeals: (1) the District Court’s orders (a) dismissing its Racketeer Influenced and Corrupt Organizations Act (“RICO”) claims and (b) granting Defendants’ motions ...
Cevdet Aksut Ve Ogullari Koll.Sti v. Cavusoglu, 2018 WL 6016549 (3d Cir. Nov. 16, 2018) (unpublished): *1 Plaintiff Cevdet Aksut Ve Ogullari Koll.Sti (“Cevdet”) appeals: (1) the District Court’s orders (a) dismissing its Racketeer Influenced and Corrupt Organizations Act (“RICO”)…
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Sanctions — No FRAP 38 Sanctions Where Law/Facts Complex, But § 1927 Awarded against Prevailing Attorney for Misrepresentations Not Accompanied by Overt Signs of Bad Faith But Nonetheless Amounting to A Misleadingly Selective Reading of the Record

Mys v. Mich. Dep't of State Police, 2018 U.S. App. LEXIS 14311, 2018 WL 2448093 (6th Cir. May 31, 2018): In an opinion filed on March 28, 2018, we affirmed a jury's award of $350,000 in favor of ...
Mys v. Mich. Dep't of State Police, 2018 U.S. App. LEXIS 14311, 2018 WL 2448093 (6th Cir. May 31, 2018): In an opinion filed on March 28, 2018, we affirmed a jury's award of $350,000 in favor of Linda…
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RICO: “Allegations of Frivolous, Fraudulent or Baseless Litigation Activities — Without More — Cannot Constitute a Predicate Act” (Good Quote)

Weaver v. Boriskin, 2018 WL 4829968 (2d Cir. Oct. 4, 2018) (unpublished): Appellant Everette Weaver, pro se, sued CitiMortgage, Inc. and others for violations of the Fair Debt Collection Practices Act (“FDCPA”), Racketeer Influenced and Corrupt Organizations Act (“RICO”), and state la ...
Weaver v. Boriskin, 2018 WL 4829968 (2d Cir. Oct. 4, 2018) (unpublished): Appellant Everette Weaver, pro se, sued CitiMortgage, Inc. and others for violations of the Fair Debt Collection Practices Act (“FDCPA”), Racketeer Influenced and Corrupt Organizations Act (“RICO…
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§ 1927 Sanctions — Maintaining a Clearly Time-Barred Lawsuit Warrants Sanctions from Time Opponent Called Offender’s Attention to The Time Bar — Magistrate Judges: 1927, Like Rule 11, Sanctions Are Dispositive (Cf. 54(d))

Carter v. Hickory Healthcare, 2018 U.S. App. LEXIS 27589, 2018 WL 4627022 (6th Cir Sept. 27, 2018): [**1] After Hickory Healthcare fired Styla Carter f ...
Carter v. Hickory Healthcare, 2018 U.S. App. LEXIS 27589, 2018 WL 4627022 (6th Cir Sept. 27, 2018): [**1] After Hickory Healthcare fired Styla Carter from her job as a nursing assistant, she sued the company for discrimination. The district…
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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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