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

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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Sanctions: Shotgun Complaint (All Counts Aimed at All Defendants, Each Incorporating All Factual Allegations) Is Facially Dismissible in 11th Circuit, Constitutes Obstruction when Filed to Delay (Here, Foreclosure) — FRAP 38 Sanctions for Appeal

Jackson v. Bank of Am., N.A., 2018 U.S. App. LEXIS 21517 (11th Cir. Aug. 3, 2018): This appeal involves an abuse of process engineered to delay or prevent execution of a forecl ...
Jackson v. Bank of Am., N.A., 2018 U.S. App. LEXIS 21517 (11th Cir. Aug. 3, 2018): This appeal involves an abuse of process engineered to delay or prevent execution of a foreclosure judgment on a residence and the consequent …
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Arbitration: Court Uses Look-Through (Not Well-Pleaded Complaint) Approach to Decide Federal Question Jurisdiction over Motion to Compel — Circuit Split as to Whether That Approach Applies to Petition to Confirm, Vacate or Modify

HealthSpring Life & Health Ins. Co. v. Tex. Health Mgmt. LLC,  , ,8 U.S. Dist. LEXIS 105467, 2018 WL 3105655 (E.D. Tex. June 25, 2018): Pending before the Court is Plaintiff HealthSpring Life ...
HealthSpring Life & Health Ins. Co. v. Tex. Health Mgmt. LLC,  , ,8 U.S. Dist. LEXIS 105467, 2018 WL 3105655 (E.D. Tex. June 25, 2018): Pending before the Court is Plaintiff HealthSpring Life & Health Insurance Company, Inc.'s ("HealthSpring")…
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Facebook/Social Media Photos — Unnecessary to Authenticate Account to Authenticate Photos — Postings on Social Media Aren’t Business Records of the Platform — Circumstantial Authentication (Surroundings)

United States v. Farrad, 2018 U.S. App. LEXIS 19614 (6th Cir. July 17, 2018): Although the phrase "going undercover" may still connote high-stakes masquerading, twenty-first century undercove ...
United States v. Farrad, 2018 U.S. App. LEXIS 19614 (6th Cir. July 17, 2018): Although the phrase "going undercover" may still connote high-stakes masquerading, twenty-first century undercover investigations can begin and end in cyberspace. This case stems from an …
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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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