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

Rule 37(d) Sanctions — Dismissal: Factors — Violation of Order Enough, Even If Discovery Provided Late — Date for Pretrial Order Does Not Supersede 26(a)(3) Deadline for List of Witnesses and Exhibits Where Pretrial Order Due After 26(a)(3) List

Norris v MK Holdings, Inc., 2018 WL 2324256, 2018 U.S. App. LEXIS 13260 (6th Cir. May 22, 2018): *1 Ceil Walker Norris, individually and in her role as a trustee of several family trusts, and on behalf of her business, Walker & Associates, Inc., (individually and collectively “Walker”) initiated this actio ...
Norris v MK Holdings, Inc., 2018 WL 2324256, 2018 U.S. App. LEXIS 13260 (6th Cir. May 22, 2018): *1 Ceil Walker Norris, individually and in her role as a trustee of several family trusts, and on behalf of her business, …
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Contracts: The First-Breach Rule, Holding That the Party Who Commits the First Breach Cannot Complain about a Subsequent Breach by the Other Party, Applies Even If the Later Breaching Party Is Ignorant of the First Breach When It Breaches

ClubSpecialists Int'l., LLC v. Keeneland Ass'n, 2018 U.S. Dist. LEXIS 73832 (E.D. Ky. May 2, 2018): This matter is before the Court on cross-motions for summary judgment filed by Plain ...
ClubSpecialists Int'l., LLC v. Keeneland Ass'n, 2018 U.S. Dist. LEXIS 73832 (E.D. Ky. May 2, 2018): This matter is before the Court on cross-motions for summary judgment filed by Plaintiff ClubSpecialists Intl., LLC and Defendant and Intervenor Defendant Keeneland…
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RICO — Res Judicata: State Law Determines Preclusive Effect of Prior State Court Actions on Subsequent RICO Claim — Colorado River Abstention: Factors

Baek v. Clausen, 886 F.3d 652 (7th Cir. 2018): Clark & Leland Condominiums, LLC (“C & L”), and its shareholders, Heung Baek and Hyun Baek-Lee (collectively “the Baeks”), brought this action against Northside Community Bank (“NCB”) and several of its employees, alleging violations of the Racketeer Influenced and Corrupt Org ...
Baek v. Clausen, 886 F.3d 652 (7th Cir. 2018): Clark & Leland Condominiums, LLC (“C & L”), and its shareholders, Heung Baek and Hyun Baek-Lee (collectively “the Baeks”), brought this action against Northside Community Bank (“NCB”) and several of its…
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Supreme Court: Arbitration Waivers in Employee Contracts OK — FAA Savings Clause Applies Only to General Contractual Defenses, Not Deference to Statute Applying Only to Some Ks — Good Quotes on Precedent, Ejusdem Generis, Harmonizing Stats

Epic Sys.
Epic Sys. Corp. v. Lewis, 2018 U.S. LEXIS 3086 (U.S. May 21, 2018): Should employees and employers be allowed to agree that any disputes between them will be resolved through one-on-one arbitration? Or should employees always be permitted to …
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Inherent Power Sanctions for Extrajudicial (Prelitigation) Misconduct — Stealing Documents — & Using Them in Lit. = Manipulation of/Interference with Judicial Process — Dismissal Requires Clear and Convincing Evidence — No Warning Required Here

Xyngular v. Schenkel, 2018 WL 2208472 (10th Cir. May 15, 2018): *1 Marc Schenkel appeals the dismissal by the district court of his claims against Xyngular Corporation and various third parties as a sanction for abuse of what he claims was pre-litigation discovery. Because we have not previously decided whether pre-li ...
Xyngular v. Schenkel, 2018 WL 2208472 (10th Cir. May 15, 2018): *1 Marc Schenkel appeals the dismissal by the district court of his claims against Xyngular Corporation and various third parties as a sanction for abuse of what he claims…
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Rule 902(11) Declaration Signed 19 Months after Business Record Provided, Unattached to & Not Identifying It Excluded As Boilerplate — Connection between IP Address & Real-World Location = Expert Testimony (702, Not 701)

Commonwealth v. Manivannan, 2018 Pa. Super. LEXIS 449, 2018 PA Super 112 (Pa. Super. Ct. May 4, 2018): In this consolidated appeal, Ayyakkannu Manivannan ("Appellant"), appeals from the judgm ...
Commonwealth v. Manivannan, 2018 Pa. Super. LEXIS 449, 2018 PA Super 112 (Pa. Super. Ct. May 4, 2018): In this consolidated appeal, Ayyakkannu Manivannan ("Appellant"), appeals from the judgment of sentence of four and one-half years of probation, imposed …
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Voicemail Admissibility: Authenticating Aff. Must Include Both Caller & Recipient Nos. — §1746 Declaration Omitting “Penalty of Perjury” Out — Summary Judgment: Not Court’s Duty to Sift Thru Evidence, Nuances, Inconsistencies (Good Quote)

Thomas v. Credit Mgmt., 2018 U.S. Dist. LEXIS 83685 (N.D. Ind. May 17, 2018): The Plaintiff, Evonne Thomas, alleges that the Defendant, Credit Management, LP, violated the Fair Debt Co ...
Thomas v. Credit Mgmt., 2018 U.S. Dist. LEXIS 83685 (N.D. Ind. May 17, 2018): The Plaintiff, Evonne Thomas, alleges that the Defendant, Credit Management, LP, violated the Fair Debt Collection Practices Act (FDCPA) by impermissibly communicating with the Plaintiff's …
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§ 1927 & Inherent Power Sanctions for Not Correcting Once True Statement for 1½ Years after It Became False — Fees on Fees for Both — Punitive Sanction: If Some Part of $6,000 Fine Is Non-Compensatory, Proof Beyond Reasonable Doubt Needed

Gibson v. Credit Suisse Grp. Secs. (USA) LLC, 2018 WL 1958727 (9th Cir. Apr. 26, 2018): *1 Plaintiffs’ counsel appeal the imposition of sanctions against them. The district court affirmed the magistrate judge’s award of the sanctions after ...
Gibson v. Credit Suisse Grp. Secs. (USA) LLC, 2018 WL 1958727 (9th Cir. Apr. 26, 2018): *1 Plaintiffs’ counsel appeal the imposition of sanctions against them. The district court affirmed the magistrate judge’s award of the sanctions after Plaintiffs’ counsel …
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Fraudulent Inducement As an Exception to the Economic Loss Rule

Arena Rest. & Lounge LLC v. S. Glazer's Wine & Spirits, LLC, 2018 U.S. Dist. LEXIS 60981 (N.D. Cal. Apr. 9, 2018): Plaintiffs Arena Restaurant and Lounge LLC, Pacifica Restaurants, LLC, Vi ...
Arena Rest. & Lounge LLC v. S. Glazer's Wine & Spirits, LLC, 2018 U.S. Dist. LEXIS 60981 (N.D. Cal. Apr. 9, 2018): Plaintiffs Arena Restaurant and Lounge LLC, Pacifica Restaurants, LLC, Vine and Barrel LLC, and Daniel Flores ("Plaintiffs")…
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Judicial Notice of Internet Evidence — Google Maps and Satellite Imagery

State v. Bradford, 2018-Ohio-1417, 2018-Ohio-1417, 2018 Ohio App. LEXIS 1560 (Ohio Ct. App. Apr. 12, 2018):  [*1]  [**1]  Defendant-appellant Maurice L. Bradford ("ap ...
State v. Bradford, 2018-Ohio-1417, 2018-Ohio-1417, 2018 Ohio App. LEXIS 1560 (Ohio Ct. App. Apr. 12, 2018):  [*1]  [**1]  Defendant-appellant Maurice L. Bradford ("appellant") appeals his bench trial convictions for two felonies of the third degree: shooting a firearm over…
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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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