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

Although 12(f) Motion to Strike Is Disfavored As Drastic Remedy, It Is Appropriately Granted When Post-Appeal Pleading Re-Asserts Claims Or Defenses That Were Resolved on Appeal — Such Allegations Are Impertinent

United States v. Ancient Coin Collectors Guild, 2018 WL 3734281 (4th Cir. Aug. 7, 2018): *1 This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chine ...
United States v. Ancient Coin Collectors Guild, 2018 WL 3734281 (4th Cir. Aug. 7, 2018): *1 This appeal is pursued by the Ancient Coin Collectors Guild (the “Guild”) from the judgment in the District of Maryland ordering forfeiture to the …
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Rule 37 Sanctions — Default Judgment Apt for Defendants’ “Pattern of Obstructionism That Prevented [Plaintiff] from Effectively Litigating Its Claims” — Recidivism: Similar Misconduct in Other Cases Noted as Supporting Sanction

Arrowhead Capital Fin., Ltd. v. Seven Arts Entm't, Inc., 2018 U.S. App. LEXIS 17956, 2018 WL 3202765 (2d Cir. June 29, 2018): SUMMARY ORDER UPON DUE ...
Arrowhead Capital Fin., Ltd. v. Seven Arts Entm't, Inc., 2018 U.S. App. LEXIS 17956, 2018 WL 3202765 (2d Cir. June 29, 2018): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of…
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Facebook Photo — Authentication of Photo Does Not Require Authentication of Facebook Page as Belonging to Anyone Depicted in Photograph

State v. Briggs, 2018 Tenn. Crim. App. LEXIS 576 (Tenn. Ct. App. Aug. 2, 2018): The Defendant's convictions relate to the September 7, 2014 homicide of Kenneth Koster in a t ...
State v. Briggs, 2018 Tenn. Crim. App. LEXIS 576 (Tenn. Ct. App. Aug. 2, 2018): The Defendant's convictions relate to the September 7, 2014 homicide of Kenneth Koster in a tool shed in Campbell County. The Defendant and Brad …
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Filing Unconditional Dismissal Stipulation under Rule 41 Strips Court of Subject Matter Jurisdiction Absent Express Contingency or Reservation of Jurisdiction — Motion to Rescind Settlement Due to Fraud Must Be Sought Per R. 60(b) — No Ancillary Jd

Nat'l City Golf Fin. v. Scott, 2018 U.S. App. LEXIS 22187 (5th Cir. Aug. 9, 2018): This appeal raises questions of judicial procedure and power arising from a lawsuit about golf car ...
Nat'l City Golf Fin. v. Scott, 2018 U.S. App. LEXIS 22187 (5th Cir. Aug. 9, 2018): This appeal raises questions of judicial procedure and power arising from a lawsuit about golf carts. After a year of federal litigation, the …
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Chevron Deference: Can an Agency Advance an Interpretation of a Statute for the First Time in Litigation and Demand Deference for Its View? — Circuit Split

E.I. Dupont de Nemours & Co. v. Smiley, 138 S. Ct. 2563 (2018) (Gorsuch, J., concurring): Statement of Justice Gorsuch, with whom The Chief Justice and Justice Thomas join, respecting denial o ...
E.I. Dupont de Nemours & Co. v. Smiley, 138 S. Ct. 2563 (2018) (Gorsuch, J., concurring): Statement of Justice Gorsuch, with whom The Chief Justice and Justice Thomas join, respecting denial of certiorari. Can an agency advance an interpretation …
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Internet Evidence: Information on Third Party Websites Is

Aguilar v. Kia Motors Am., 2018 Cal. App. Unpub. LEXIS 4764, 2018 WL 3407575 (Cal. Ct. App. July 13, 2018): I. INTRODUCTION Plaintiffs Martin Aguilar and Carmen Valenzu ...
Aguilar v. Kia Motors Am., 2018 Cal. App. Unpub. LEXIS 4764, 2018 WL 3407575 (Cal. Ct. App. July 13, 2018): I. INTRODUCTION Plaintiffs Martin Aguilar and Carmen Valenzuela appeal from a judgment following confirmation of an arbitration award. Plaintiffs…
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§ 1927 Sanctions Shouldn’t Chill Zealous Advocacy, Don’t Apply to Novel Arguments Not Considered by Circuit or That Challenge Precedent, But Are Apt for “Slipshod and Misleading” Argument Based on Clearly Inapposite Authority (Good Quotes)

Diaz v. Messer, 2018 U.S. App. LEXIS 20247(9th Cir. July 20, 2018) (unpublished): Appellants Charles R. Messer, David J. Kaminski, and Stephen A. Watkins-attorneys for Defendant Collecto, Inc. ...
Diaz v. Messer, 2018 U.S. App. LEXIS 20247(9th Cir. July 20, 2018) (unpublished): Appellants Charles R. Messer, David J. Kaminski, and Stephen A. Watkins-attorneys for Defendant Collecto, Inc.-challenge sanctions the district court imposed against them under 28 U.S.C. § …
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Text Messages: Each Level of Hearsay Must Satisfy an Exception or Exemption, Here Business Record of Carrier, Admission of Party

People v. Aguilar, 2018 Cal. App. Unpub. LEXIS 4331, 2018 WL 3121533 (Cal. Ct. App. June 26, 2018): A jury found defendant and appellant Yanill Aguilar guilty of first degree murder, with firearm and g ...
People v. Aguilar, 2018 Cal. App. Unpub. LEXIS 4331, 2018 WL 3121533 (Cal. Ct. App. June 26, 2018): A jury found defendant and appellant Yanill Aguilar guilty of first degree murder, with firearm and gang enhancements. He challenges his …
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Post-Appellate Proceedings on Remand: Under the Rule of Mandate, District Court May Decide Anything Not Foreclosed by Mandate & May Deviate from Mandate If Doing So Is Not Counter to the Spirit of the Circuit’s Opinion

Alexander v. Wessell, 2018 WL 3433825 (9th Cir. July 17, 2018): MEMORANDUM* *1 Kevin W. Wessell appeals the district court’s amended judgment of March 6, 2017 awarding Thomas E. Alexander $ 1,574,355, along with post-judgment interest and attorney’s fees, for Wessell’s common-law fraud and viol ...
Alexander v. Wessell, 2018 WL 3433825 (9th Cir. July 17, 2018): MEMORANDUM* *1 Kevin W. Wessell appeals the district court’s amended judgment of March 6, 2017 awarding Thomas E. Alexander $ 1,574,355, along with post-judgment interest and attorney’s fees, for…
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Judicial Notice of Internet Evidence — Other Court’s Website (3 Cases)

1.  Demirovic v. Moss, 2018 U.S. Dist. LEXIS 124907 (E.D. Ky. July 26, 2018): Footnote 2  The Court "may take judicial notice of proceedings in other c ...
1.  Demirovic v. Moss, 2018 U.S. Dist. LEXIS 124907 (E.D. Ky. July 26, 2018): Footnote 2  The Court "may take judicial notice of proceedings in other courts of record." Granader v. PublicBank, 417 F.2d 75, 82-83 …
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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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