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

Judicial Notice of Internet Evidence: Government Website Contents Are Self-Authenticating

Bingham v. Barnhart, 2018 U.S. Dist. LEXIS 106170 (E.D. Ky. June 26, 2018): Petitioner Randall Dale Bingham has filed a pro se petition for a writ of habeas corpus pursuant to 28 ...
Bingham v. Barnhart, 2018 U.S. Dist. LEXIS 106170 (E.D. Ky. June 26, 2018): Petitioner Randall Dale Bingham has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. [R. 1.] At the…
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Rule 37 Sanctions: Dismissal Is a “Last Resort” But Is Appropriate If Noncompliance Is Due to Willful or Bad Faith Disregard for Discovery Orders (Good Quote)

Taylor v. Bradshaw, 2018 WL 3414344 (11th Cir. July 13, 2018): PER CURIAM: Charlotte Taylor, proceeding pro se, appeals the district court’s entry of judgment in favor of defendants following a jury trial on her claims under
Taylor v. Bradshaw, 2018 WL 3414344 (11th Cir. July 13, 2018): PER CURIAM: Charlotte Taylor, proceeding pro se, appeals the district court’s entry of judgment in favor of defendants following a jury trial on her claims under 42 U.S.C. …
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Judicial Notice of Internet Evidence: Information on Government Websites Is Self-Authenticating under Rule 902(5) and Admissible under Rule 803(8) (Public Records Exception)

Rychorcewicz v. Welltec, Inc., 2018 U.S. Dist. LEXIS 123512 (S.D. Tex. June 22, 2018) (Report and Recommendation): Pending before the court1
Rychorcewicz v. Welltec, Inc., 2018 U.S. Dist. LEXIS 123512 (S.D. Tex. June 22, 2018) (Report and Recommendation): Pending before the court1 is Defendant Welltec, Inc.'s ("Defendant") Motion for Summary Judgment (Doc. 89) and Plaintiffs' Motion to Strike (Doc.…
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Appeals: Untimely Rule 59(e) Motion = 60(b) Motion & Appeal Is from Denial of That — Removal: While Remand Orders Are Usually Unappealable, They Are for Removal under § 1443, Allowing Removal Where Constitutional Rights Can’t Be Enforced in State Ct

Sanders v. Wright, 2018 WL 3933773 (5th Cir. 2018) (unpublished): PER CURIAM:* *1 Rockey D. Wright, proceeding pro se, challenges the district court’s denying his motion for relief following its remanding his child-custody action to state court ...
Sanders v. Wright, 2018 WL 3933773 (5th Cir. 2018) (unpublished): PER CURIAM:* *1 Rockey D. Wright, proceeding pro se, challenges the district court’s denying his motion for relief following its remanding his child-custody action to state court after Wright…
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RICO: Res Judicata Effect of State Court Judgment Determined by State Law — Where State Would Not Permit Collateral Attack of Judgment on Grounds of Suppression of Evidence, RICO Claim Alleging That Fails

Kearney v. Foley & Lardner, LLP, 2018 U.S. App. LEXIS 24024 (9th Cir. Aug. 24, 2018): MEMORANDUM* Joan Kearney ("Kea ...
Kearney v. Foley & Lardner, LLP, 2018 U.S. App. LEXIS 24024 (9th Cir. Aug. 24, 2018): MEMORANDUM* Joan Kearney ("Kearney") appeals from the district court's summary judgment. We have jurisdiction under 28 U.S.C. § 1291. HN1[]…
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Sanctions: Bankruptcy Court Has Inherent Power to Suspend, Disbar Lawyers from Practicing Before It — Recidivist Bad Faith Conduct Gleaned by Judicial Notice — Rule 11 Precedent Rightly Relied on Construing 9011

Koebel v. Chandler (In re Cuevas), 2018 U.S. App. LEXIS 23838 (9th Cir. Aug. 23, 2018): MEMORANDUM* In this consolidated ...
Koebel v. Chandler (In re Cuevas), 2018 U.S. App. LEXIS 23838 (9th Cir. Aug. 23, 2018): MEMORANDUM* In this consolidated appeal, Philip E. Koebel (Koebel) appeals the Bankruptcy Appellate Panel's (BAP) decision affirming a bankruptcy court's orders suspending …
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Judicial Notice May Be Taken of Distances Established by Internet Mapping Services — Here, Google Maps

Haynes v. Acquino, 2018 U.S. Dist. LEXIS 107005, 2018 WL 3126725 (W.D.N.Y. June 26, 2018): In this civil rights action, commenced April 29, 2010, Plaintiff alleges false arrest, excessive forc ...
Haynes v. Acquino, 2018 U.S. Dist. LEXIS 107005, 2018 WL 3126725 (W.D.N.Y. June 26, 2018): In this civil rights action, commenced April 29, 2010, Plaintiff alleges false arrest, excessive force and malicious prosecution against Defendants, police officers with the…
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Rule 37 Sanctions — Failure to Respond to Discovery for 5 Mos., Despite Court Orders = Flagrant Disregard, Merits Dismissal — No Need to Consider Lesser Sanctions Where Determination They’d Be Ineffective “Radiates from” Opin. (Good Quotes)

Lyons v. O’Quinn, 2018 WL 4031032 (11th Cir. Aug. 23, 2018): *1 Jackie Lyons appeals the district court’s order dismissing his suit as a discovery sanction, and another order denying his motion for reconsideration of three prior orders. The district court found that Mr. Lyons’ failure to respond to disco ...
Lyons v. O’Quinn, 2018 WL 4031032 (11th Cir. Aug. 23, 2018): *1 Jackie Lyons appeals the district court’s order dismissing his suit as a discovery sanction, and another order denying his motion for reconsideration of three prior orders. The district …
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Even When Intentional Spoliation Occurs, Court Has Discretion Not to Issue Adverse Inference Instruction Or Other Severe Sanction — Ultimately, Significance of Spoliation Evidence Is for the Jury to Weigh

Lexpath Techs. Holdings v. Welch, 2018 U.S. App. LEXIS 21034 (3d Cir. July 30, 2018): * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitu ...
Lexpath Techs. Holdings v. Welch, 2018 U.S. App. LEXIS 21034 (3d Cir. July 30, 2018): * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. Defendant-Appellee, Brian Welch, …
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Text Admissibility: Co-Conspirator Exception to Hearsay Rule — Required Showing (3 Prongs + Independent Evidence of Conspiracy) Satisfied

United States v. Hill, 2018 U.S. App. LEXIS 21284 (11th Cir. Aug. 1, 2018): PER CURIAM: This is a healthcare kickback case involving a pharmacy, a marketing company, and ...
United States v. Hill, 2018 U.S. App. LEXIS 21284 (11th Cir. Aug. 1, 2018): PER CURIAM: This is a healthcare kickback case involving a pharmacy, a marketing company, and a group of sales representatives nicknamed "Team Cream." The pharmacy …
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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