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

Fourfold Purposes of Rule 37 Sanctions / Single Purpose of § 1927 Sanctions — Depositions: Objection “You Can Answer If You Know” or “Understand” Is Always Improper — Conduct Not OK in Courtroom Not OK at Deposition (Good Quotes)

Hunter v. GEICO Gen. Ins. Co., 2018 WL 4352823 (E.D. La. Sept. 12, 2018): ORDER AND REASONS *1 Before the Court are two related motions, the “Motion for an Order for Sanctions, Attorney Fees, Perjury, and to Reschedule the Depositions and Conduct Them in Chambers” and the “Motion f ...
Hunter v. GEICO Gen. Ins. Co., 2018 WL 4352823 (E.D. La. Sept. 12, 2018): ORDER AND REASONS *1 Before the Court are two related motions, the “Motion for an Order for Sanctions, Attorney Fees, Perjury, and to Reschedule the Depositions…
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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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Recent Posts

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

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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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