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

Spoliation: Rule 37(e) Inadequate to Deal with Intentional Manipulation, Modification of ESI — Inherent Power Dismissal Apt — Appropriate to Punish Wife & Closely Held Corp., Too, when Husband Is Malefactor, Benefits All, & She Declines to Testify

Malone v. Weiss, 2018 U.S. Dist. LEXIS 129606 (E.D. Pa. Aug. 2, 2018): MEMORANDUM OPINION This case arises out of the sale of Second Opinion, Inc. ...
Malone v. Weiss, 2018 U.S. Dist. LEXIS 129606 (E.D. Pa. Aug. 2, 2018): MEMORANDUM OPINION This case arises out of the sale of Second Opinion, Inc. ("Second Opinion"), a service business which connects lawyers representing personal injury plaintiffs to …
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Instructions—Commingling Rule: If Case Sent to Jury on Multiple Legal Theories, 1 of Which Is Invalid, Verdict Infirm — If Multiple Factual Theories, 1 Lacking Sufficient Evidence, Not So — Circumstantial YouTube Authentication, Failure to Rebut

Nester v. Textron, Inc., 888 F.3d 151 (5th Cir. 2018): Gini Nester suffered permanent injuries when an unmanned utility vehicle ran her over. Gini and her husband sued Textron, ...
Nester v. Textron, Inc., 888 F.3d 151 (5th Cir. 2018): Gini Nester suffered permanent injuries when an unmanned utility vehicle ran her over. Gini and her husband sued Textron, the vehicle's manufacturer, alleging that the vehicle was defectively designed. …
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Spoliation: Fifth Circuit Requires “Bad Conduct,” Which Generally = Evidence of Bad Faith — None Present Where Irrelevant Evidence and Deleted Pursuant to Standardized Retention Policy

Bryant v. Wal-Mart La., L.L.C., 2018 U.S. App. LEXIS 18312, 2018 WL 3322871 (5th Cir. July 5, 2018) (unpublished): PER CURIAM:* ...
Bryant v. Wal-Mart La., L.L.C., 2018 U.S. App. LEXIS 18312, 2018 WL 3322871 (5th Cir. July 5, 2018) (unpublished): PER CURIAM:* The district court granted summary judgment to Wal-Mart Louisiana, L.L.C. ("Wal-Mart") on Melanee Bryant's slip-and-fall claim. We…
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Rule 56(f): “Naked Attack” on Credibility of Affiants — Speculation, Fanciful Allegations Not Enough — Litigation Privilege Applies Regardless of Malice, Bad Faith, If Lawyer’s Stmt Tied to Lit., “Barest Rationality” Suffices (Good Quotes)

Grayson v. Ressler & Ressler, 2018 U.S. Dist. LEXIS 126479 (S.D.N.Y. July 27, 2018): Violet Elizabeth Grayson ("Grayson" or "Plaintiff") brings this action a ...
Grayson v. Ressler & Ressler, 2018 U.S. Dist. LEXIS 126479 (S.D.N.Y. July 27, 2018): Violet Elizabeth Grayson ("Grayson" or "Plaintiff") brings this action against Ressler & Ressler, a law firm, Ellen Werther ("Werther"), and Bruce Ressler ("Ressler") (together, "Defendants").…
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Rule 15 Relation Back of Amended Complaint: Issue Is Awareness of Unnamed Defendant, Not Negligence of Plaintiff — 3 Factors

St. John v. 81 Yale Apts., 2018 U.S. Dist. LEXIS 126530 (N.D. Okla. July 30, 2018): Now before the Court is Plaintiff's Motion to Amend (Dkt. # 20). Plaintiff requests leave to file ...
St. John v. 81 Yale Apts., 2018 U.S. Dist. LEXIS 126530 (N.D. Okla. July 30, 2018): Now before the Court is Plaintiff's Motion to Amend (Dkt. # 20). Plaintiff requests leave to file an amended complaint adding Lynco, Inc.…
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§ 1782: Evidence Obtained for Use Abroad Is Freely Usable in Any Other Case, Domestic or Foreign, Unless Limited by the Court — Rule 45: If Person Is Subpoena-able, Location of Documents S/he Controls Is Irrelevant

In re Ferrer, 2018 U.S. Dist. LEXIS 111172, 2018 WL 3240010 (S.D. Fla. July 3, 2018): ORDER THIS CAUSE comes before the Court on Delcop, LLC's and Ernesto De ...
In re Ferrer, 2018 U.S. Dist. LEXIS 111172, 2018 WL 3240010 (S.D. Fla. July 3, 2018): ORDER THIS CAUSE comes before the Court on Delcop, LLC's and Ernesto De Luca's Motion and Incorporated Memorandum of Law to Vacate Ex…
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Instagram: Photos on Social Media Don’t Require Full Social Media Authentication — Lay Witness Competent to Testify as to How Instagram Works, Her Experience with It (Rule 701, Not 702) — Silent Witness Theory Inapt

Commonwealth v. Martin, 2018 Pa. Super. Unpub. LEXIS 2217, 2018 WL 3121766 (Penn. Super. Ct. App. Div. June 26, 2018) (unpublished): Appellant, Kenneth Martin, appeals from the judgment of sen ...
Commonwealth v. Martin, 2018 Pa. Super. Unpub. LEXIS 2217, 2018 WL 3121766 (Penn. Super. Ct. App. Div. June 26, 2018) (unpublished): Appellant, Kenneth Martin, appeals from the judgment of sentence of seven and one-half to twenty years of incarceration…
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Spoliation: Bad Faith Required for Adverse Inference Instruction Means Destruction for the Purpose of Hiding Adverse Evidence — Failure of Counsel to Communicate Court Preservation Order to Responsible Person, without More, Insufficient

United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodrigue ...
United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodriguez-Sanchez ("Rodriguez") appeals his jury conviction for knowingly, intentionally, and unlawfully importing cocaine and heroin into the United States from Mexico…
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Spoliation: The Bad Faith Required for Adverse Inference Instruction = Destruction for the Purpose of Hiding Adverse Evidence — Failure of Counsel to Communicate Court Preservation Order to Responsible Person, without More, Insufficient

United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodrigue ...
United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodriguez-Sanchez ("Rodriguez") appeals his jury conviction for knowingly, intentionally, and unlawfully importing cocaine and heroin into the United States from Mexico…
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RICO — Collection of Unlawful Debt — Factors: (1) Usurious Rate, (2) in Connection with Loan, (3) at Least Twice the Enforceable Rate — Do Added Fees Count in Computing Rate?

Kwon v. Santander Consumer United States, 2018 U.S. App. LEXIS 20473, 2018 WL 3546498 (2d Cir. July 24, 2018) (summary order): *1 UPON DUE CONSIDERATION, IT IS HEREBY ...
Kwon v. Santander Consumer United States, 2018 U.S. App. LEXIS 20473, 2018 WL 3546498 (2d Cir. July 24, 2018) (summary order): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court…
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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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