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

Appeals: Review of S.J. Denial Limited to Pure Issues of Law If No Rule 50 Motion — Absent Objection, Instructions Reviewable Only for Errors Affecting Substantial Rights and Plain Error

T. Levy Assocs., Inc., v. Kaplan, 2018 WL 6002881 (3d Cir. Nov. 15, 2018): *1 Defendants Michael and Nina Kaplan (“Mr. and Mrs. Kaplan”) and Mrs. Kaplan’s company BLC Beauty, Inc. (collectively, “the Kaplans”) appeal from the District Court’s orders partially denying their motion for summary judgment and ...
T. Levy Assocs., Inc., v. Kaplan, 2018 WL 6002881 (3d Cir. Nov. 15, 2018): *1 Defendants Michael and Nina Kaplan (“Mr. and Mrs. Kaplan”) and Mrs. Kaplan’s company BLC Beauty, Inc. (collectively, “the Kaplans”) appeal from the District Court’s orders…
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Trying Issue Not in Pretrial Order: 5-Factor Test — Omission of Expert Opinion from Rept. Cured by Dep. — Stick Figure Demonstrative OK under 611 — OK to Rely on Hearsay in 803(6) Testimony — Spoliation after Expert Review Sanctioned

Callahan v. Pac. Cycle, Inc., 2018 U.S. App. LEXIS 32953 (4th Cir. Nov. 21, 2018): PER CURIAM: Virginia Callahan and her minor granddaughter T.G. ("Appellants") ...
Callahan v. Pac. Cycle, Inc., 2018 U.S. App. LEXIS 32953 (4th Cir. Nov. 21, 2018): PER CURIAM: Virginia Callahan and her minor granddaughter T.G. ("Appellants") initiated this action against Pacific Cycle and Toys "R" Us ("Appellees"). Appellants alleged various …
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Sanctions Inappropriate under Rule 37 If 37(a)(1) Meet-&-Confer Duty Unsatisfied — Rule 11 Sanctions Unavailable If Safe Harbor Ignored — District Court Not Authorized to Suspend Fed. R. Civ. P.

Bush v. Chancery Court, 2018 U.S. App. LEXIS 30239 (6th Cir. Oct. 25, 2018): Thomas K. Bush, proceeding pro se, appeals the district court's order dismissing his complaint and denyi ...
Bush v. Chancery Court, 2018 U.S. App. LEXIS 30239 (6th Cir. Oct. 25, 2018): Thomas K. Bush, proceeding pro se, appeals the district court's order dismissing his complaint and denying several motions he filed in this case related to…
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Reasonable Attorney’s Fees under § 1988 for a Prevailing Party May Be $0 — Inherent Power: While a Case May Be So Meritless as to Evince Bad Faith, Most Cases Require Proof of Subjective Bad Faith (Good Quote)

Martin v. Greisman, 2018 U.S. App. LEXIS 30213 (10th Cir. Oct. 26, 2018): ORDER AND JUDGMENT* Richard Gr ...
Martin v. Greisman, 2018 U.S. App. LEXIS 30213 (10th Cir. Oct. 26, 2018): ORDER AND JUDGMENT* Richard Greisman appeals the district court's order granting in part and denying in part his motion for sanctions and its subsequent order…
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Texts Authenticated by 803(6) Testimony from Carrier Linking Them to Party’s Number + Contents Tying Them to Party — Admissibility: Incoming Texts Only OK for Context If They Are Offered for Non-Hearsay Purpose

Johnson v. State, 2018 Ga. App. LEXIS 620 (Ga. Ct. App. Oct. 29, 2018): After a jury trial, Darius Johnson was found guilty of armed robbery and hijacking a motor vehicle in connection with the robbery of ...
Johnson v. State, 2018 Ga. App. LEXIS 620 (Ga. Ct. App. Oct. 29, 2018): After a jury trial, Darius Johnson was found guilty of armed robbery and hijacking a motor vehicle in connection with the robbery of a pizza…
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International Discovery: 28 U.S.C. § 1782 Does Not Apply to Arbitration — “Tribunal” Refers to Government-Affiliated Bodies

In re Servotronics, Inc., 2018 U.S. Dist. LEXIS 189423 (D.S.C. Nov. 6, 2018): This matter is before the court on SERVOTRONICS, INC.'s ("SERVOTRONICS") ex parte application ...
In re Servotronics, Inc., 2018 U.S. Dist. LEXIS 189423 (D.S.C. Nov. 6, 2018): This matter is before the court on SERVOTRONICS, INC.'s ("SERVOTRONICS") ex parte application for an order pursuant to 28 U.S.C. § 1782 to take discovery for…
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Inherent Power Sanctions: Court Has Inherent Power to Impose Monetary Sanction for Violation of Vexatious Litigant Order — Due Process Satisfied by Court Warning and Warning in Order Itself

Konarski v. City of Tucson, 2018 U.S. App. LEXIS 26459, 2018 WL 4462198 (9th Cir. Sept. 18, 2018) (unpublished): MEMORANDUM* ...
Konarski v. City of Tucson, 2018 U.S. App. LEXIS 26459, 2018 WL 4462198 (9th Cir. Sept. 18, 2018) (unpublished): MEMORANDUM* Frank, Gabriela, Patricia, John, and Frank E. Konarski appeal pro se from the district court's order imposing monetary…
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Expert Testimony: While Handwriting Analysis ≠ a Science, It Is an Experience-Based Expertise That, If Reliable, May Be Admitted — Videotaped Depositions in Criminal Trials: Admissibility Factors

United States v. Mallory, 2018 U.S. App. LEXIS 24683 (6th Cir. Aug. 30, 2018) (compare the case posted on 6/2/16 rejecting handwriting analysis as a proper subject of expert testimony):
United States v. Mallory, 2018 U.S. App. LEXIS 24683 (6th Cir. Aug. 30, 2018) (compare the case posted on 6/2/16 rejecting handwriting analysis as a proper subject of expert testimony): A jury convicted Kurt Mallory, Margaret McKnight, and Susan…
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Vexatious Litigant Injunctions — 2d Circuit Standards — Injunction Should Not Categorically Bar Suits But Require Prior Court OK — Injunction Shouldn’t Extend Fully to State Court But May, e.g., Require Injunction Order to Be Appended to State Court

Vassel v. Firststorm Props. 2 LLC, 2018 WL 4492442 (2d Cir. Sept. 19, 2018): *1 Paul Anthony Vassel, pro se, sued several individuals and entities in connection with a foreclosure proceeding initiated against him after he allegedly defaulted on a mortgage. The district court dismissed Vassel’s complaint as barred by ...
Vassel v. Firststorm Props. 2 LLC, 2018 WL 4492442 (2d Cir. Sept. 19, 2018): *1 Paul Anthony Vassel, pro se, sued several individuals and entities in connection with a foreclosure proceeding initiated against him after he allegedly defaulted on a…
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Spoliation of Tangible Evidence (Video) — 11th Circuit Factors + Bad Faith Required for Adverse Inference — Concession That Video Might’ve Aided Other Side Negates Prejudice, As Does Fact Court Credited Testimony of Non-Spoliating Party

Alston v. City of Darien, 2018 U.S. App. LEXIS 26621, 2018 WL 4492422 (11th Cir. Sept. 19, 2018) (unpublished): PER CURIAM: After George Alston was arrested for a minor t ...
Alston v. City of Darien, 2018 U.S. App. LEXIS 26621, 2018 WL 4492422 (11th Cir. Sept. 19, 2018) (unpublished): PER CURIAM: After George Alston was arrested for a minor traffic violation, he brought suit under 42 U.S.C. § 1983 …
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Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

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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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