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

Does the Wayback Machine Make It Impossible for Some Copyright Offenders to Cease Infringing Because the Offending Version of a Website Is Perpetually Preserved and Accessible?

Bell v. Hess, 2018 U.S. Dist. LEXIS 38595 (S.D. Ind. Mar. 9, 2018): This matter is before the Court on Defendant Jay L. Hess' ("Hess") Motion for Judgment on the Pleadings filed pursuant to
Bell v. Hess, 2018 U.S. Dist. LEXIS 38595 (S.D. Ind. Mar. 9, 2018): This matter is before the Court on Defendant Jay L. Hess' ("Hess") Motion for Judgment on the Pleadings filed pursuant to Federal Rule of Civil Procedure 12(c)…
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Judicial Notice of Internet Evidence: Party’s Website OK on 12(b)(6) Motion If Website’s Authenticity Is Not In Dispute & It Is Capable of Accurate and Ready Determination

Universal Attractions, Inc. v. Live Nation Entm't, Inc., 2018 U.S. Dist. LEXIS 23578 (S.D.N.Y. Feb. 12, 2018): Plaintiff Universal Attractions, Inc. ("Universal") brings ...
Universal Attractions, Inc. v. Live Nation Entm't, Inc., 2018 U.S. Dist. LEXIS 23578 (S.D.N.Y. Feb. 12, 2018): Plaintiff Universal Attractions, Inc. ("Universal") brings this action against Defendants Live Nation Entertainment, Inc. ("Live Nation") and Ticketmaster LLC ("Ticketmaster"), alleging false …
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Appeals Courts Decline to Create Circuit Split unless There Is a Compelling Reason to Do So, Especially When Rule/Statute Is Best Applied Uniformly (Good Quote) — Here, Compelling Reasons for Split

Padilla-Ramirez v. Bible, 2018 U.S. App. LEXIS 3602 (9th Cir. Feb. 15, 2018): As a general rule, "we decline to create a circuit split unless there is a compelling reason to do so ...
Padilla-Ramirez v. Bible, 2018 U.S. App. LEXIS 3602 (9th Cir. Feb. 15, 2018): As a general rule, "we decline to create a circuit split unless there is a compelling reason to do so." Kelton Arms Condo. Owners Ass'n, …
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Rule 37 Sanctions: “When a Party Demonstrates a Flagrant Disregard for the Court and the Discovery Process[,] Dismissal Is not an Abuse of Discretion” (Good Quote) — Appeals: Court Will Not Consider Matters Raised for the First Time on Reply

Fountain v. United States, 2018 U.S. App. LEXIS 5452 (11th Cir. Feb. 28, 2018): PER CURIAM: Maria Fountain, proceeding pro se, filed a Federal Tort Claims Act lawsuit against the ...
Fountain v. United States, 2018 U.S. App. LEXIS 5452 (11th Cir. Feb. 28, 2018): PER CURIAM: Maria Fountain, proceeding pro se, filed a Federal Tort Claims Act lawsuit against the government but failed to attend a court-ordered deposition.…
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May a Pro Se Litigant Be Sanctioned under 28 U.S.C. § 1927? — Case Law Split — Counsel for Opposing Party Ethically Must Disclose Adverse Authority to the Court

Phillips v. Austin Diagnostic Surgery Ctr., 2018 U.S. Dist. LEXIS 33329 (W.D. Tex. Mar. 1, 2018): ORDER BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Austin Diagnostic (Austin Diagnostic) Clinic Association (Austin Diagnostic)'s
Phillips v. Austin Diagnostic Surgery Ctr., 2018 U.S. Dist. LEXIS 33329 (W.D. Tex. Mar. 1, 2018): ORDER BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Austin Diagnostic (Austin Diagnostic) Clinic…
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Intervention: Denial of Motion Appealable — Timeliness: Factors; Lack of Discovery Not Dispositive — Disqualification: May Ex-Client (Corp.) Intervene Solely to DQ One Side’s Counsel (50% Owner) at Behest of Other? To Guard Work Product?

Kirsch v. Dean, 2018 U.S. App. LEXIS 11478 (6th Cir. May 3, 2018): In this dispute between two fifty-percent shareholders of a corporation, we have been asked to decide whether the cor ...
Kirsch v. Dean, 2018 U.S. App. LEXIS 11478 (6th Cir. May 3, 2018): In this dispute between two fifty-percent shareholders of a corporation, we have been asked to decide whether the corporation may intervene, at the behest of one …
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Inherent Power Sanctions: Threats of Violence Suffice for Dismissal, But If Apology Offered, Hearing May Be Required to Assess Genuineness, Credibility of Apologist

Howard v. Martins, 2018 U.S. App. LEXIS 13991 (9th Cir. May 25, 2018): This appeal raises important questions regarding the right of prisoners to bring civil rights claims against the correcti ...
Howard v. Martins, 2018 U.S. App. LEXIS 13991 (9th Cir. May 25, 2018): This appeal raises important questions regarding the right of prisoners to bring civil rights claims against the correctional officers who supervise them, and the obligation prisoners…
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Judicial Notice of Internet Evidence — Interstate Compact

Longson v. Nebraska, 2018 U.S. Dist. LEXIS 46874 (D. Neb. Mar. 22, 2018): Because Petitioner is set to serve his two-day jail sanctions for a violation of his conditions of probation this coming Saturday and because he seeks a stay, I have expedited this initial review1 of Petit ...
Longson v. Nebraska, 2018 U.S. Dist. LEXIS 46874 (D. Neb. Mar. 22, 2018): Because Petitioner is set to serve his two-day jail sanctions for a violation of his conditions of probation this coming Saturday and because he seeks a stay,…
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Removal: In What Circumstances Is a Third Party Complaint Removable?

Druivenga v. Hillshire Brands Co.,2018 U.S. Dist. LEXIS 33130 (N.D. Iowa Mar. 1, 2018):  Did The Hillshire Brands Company timely remove this action, involving what was originally a third-part ...
Druivenga v. Hillshire Brands Co.,2018 U.S. Dist. LEXIS 33130 (N.D. Iowa Mar. 1, 2018):  Did The Hillshire Brands Company timely remove this action, involving what was originally a third-party claim by Mark Druivenga, d/b/a Contract Welding & Mechanical, against…
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Revocation of Permission to Proceed In Forma Pauperis Appropriate Rule 11 Sanction for Misrepresentation — Appeals:: Issues Not Specifically & Distinctly Raised & Argued in Opening Brief Not Considered

DeVaughn v. Mannion, 2018 U.S. App. LEXIS 4468 (9th Cir. Feb. 23, 2018) (unpublished): California state prisoner Michael Owen DeVaughn appeals pro se from the district court's order in his 42 U.S.C. § 1983 action revoking his application to proceed in forma pauperis as a sanction under
DeVaughn v. Mannion, 2018 U.S. App. LEXIS 4468 (9th Cir. Feb. 23, 2018) (unpublished): California state prisoner Michael Owen DeVaughn appeals pro se from the district court's order in his 42 U.S.C. § 1983 action revoking his application to proceed…
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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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