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 11: Bad Faith If Atty Knowingly or Recklessly Raises Frivolous Argument, Argues Meritorious Claim to Harass, Delays or Disrupts Case or Hampers Enforcement of Order — Meaning of Abuse of Discretion (11th Cir.)

Jackson v. Jackson (In re Jackson), 2018 U.S. App. LEXIS 9804, 2018 WL 1791991 (11th Cir. Apr. 16, 2018) (unpublished): PER CURIAM: In this consolidated appeal, Matthew and Velma Jacks ...
Jackson v. Jackson (In re Jackson), 2018 U.S. App. LEXIS 9804, 2018 WL 1791991 (11th Cir. Apr. 16, 2018) (unpublished): PER CURIAM: In this consolidated appeal, Matthew and Velma Jackson, Pennsylvania attorneys proceeding pro se, challenge several orders…
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RICO: Racketeering Activity Leading to Loss of Work Comp Benefits ≠ Injury to Business or Property — While Professional Medical Provider’s Loss of Reimbursement Constitutes Injury, Romantic Partner’s Loss Does Not

Gucwa v. Lawley, 2018 U.S. App. LEXIS 9428 (6th Cir. Apr. 16, 2018): This is an appeal from the district court's dismissal of Mark Marusza's and Nancy Gucwa's complaint, which alle ...
Gucwa v. Lawley, 2018 U.S. App. LEXIS 9428 (6th Cir. Apr. 16, 2018): This is an appeal from the district court's dismissal of Mark Marusza's and Nancy Gucwa's complaint, which alleged four causes of action. Marusza suffered a serious …
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Sanctions: Rule 11 Fine for Repleading in Amended Complaint Claims Dismissed without Leave to Replead — § 1927 Imposes Continuing Duty to Correct or Withdraw — Key Question Is When It Became Obvious the Claim or Defense Should Be Withdrawn

Regions Bank v. Kaplan, 2018 WL 1833045 (M.D. Fla. Mar. 1, 2018): *1 The District Judge has tasked me with reporting and recommending to her the appropriate dispositions on the sanctions motions filed by Plaintiff/Counter Defendant Regions Bank (Regions), Counter Defendant Robert Shaw (Shaw), and Cross Defendant Bridg ...
Regions Bank v. Kaplan, 2018 WL 1833045 (M.D. Fla. Mar. 1, 2018): *1 The District Judge has tasked me with reporting and recommending to her the appropriate dispositions on the sanctions motions filed by Plaintiff/Counter Defendant Regions Bank (Regions), Counter…
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Class Actions — Ascertainability: Must the Plaintiffs Show, in Addition to an Objective Criterion, an Administratively Feasible Mechanism to Determine Whether Putative Members Fall within Class Definition? — Circuit Split

Belcher v. Ocwen Loan Servicing, LLC, 2018 U.S. Dist. LEXIS 61452 (M.D. Fla. Mar. 9, 2018): REPORT AND RECOMMENDATION This matter comes before the Court upon Pla ...
Belcher v. Ocwen Loan Servicing, LLC, 2018 U.S. Dist. LEXIS 61452 (M.D. Fla. Mar. 9, 2018): REPORT AND RECOMMENDATION This matter comes before the Court upon Plaintiff Timothy J. Belcher's ("Belcher") Motion for Class Certification ("Motion")(Doc. 59), to which…
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Rule 41(a) and 41(d) 2-Dismissal Rules Don’t Apply If First Dismissal Is Involuntary — Inherent Power Sanctions Cannot Be Imposed Absent Notice They Are Under Consideration — “Fleeting References” in Motion Don’t Satisfy Due Process

Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc., 2017 WL 7689644 (9th Cir. 2017): MEMORANDUM* In this case, Platinum Logistics, Inc. brought its third suit against Platinum Cargo Logistics, Inc.. After Platinum Logistics filed the present action, Platinum Cargo requested and the district court awar ...
Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc., 2017 WL 7689644 (9th Cir. 2017): MEMORANDUM* In this case, Platinum Logistics, Inc. brought its third suit against Platinum Cargo Logistics, Inc.. After Platinum Logistics filed the present action, Platinum Cargo requested …
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Rule 38 Sanctions Precluded Absent Separate Motion — Arguing in Brief Inadequate

Madura v. BAC Home Loans Serv’g, LP, 2017 U.S. App. LEXIS 24409 (11th Cir. Dec.4, 2017): PER CURIAM: Andrzej Madura and Anna Dolinska-Madura ("the Maduras"), pro se, appeal the district court's denial of their motion requesting that the court docket and preserve original loan documents in their foreclosure proce ...
Madura v. BAC Home Loans Serv’g, LP, 2017 U.S. App. LEXIS 24409 (11th Cir. Dec.4, 2017): PER CURIAM: Andrzej Madura and Anna Dolinska-Madura ("the Maduras"), pro se, appeal the district court's denial of their motion requesting that the court docket…
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Text Admissibility: 902(11) Certification from Provider Establishes Only That Record of Transmission, Not Content of Messages = Business Record — 801(d)(2)(A) Statement of Party Opponent Need Only Be Relevant, Not Substantively an Admission

State v. Jordan, 2018 S.C. App. Unpub. LEXIS 104 (S.C. Ct. App. Mar. 7, 2018): In 2014, an Abbeville County jury found Tony Vernon Jordan (Appellant) guilty of murder and possession of ...
State v. Jordan, 2018 S.C. App. Unpub. LEXIS 104 (S.C. Ct. App. Mar. 7, 2018): In 2014, an Abbeville County jury found Tony Vernon Jordan (Appellant) guilty of murder and possession of a weapon during the commission of a …
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Internet Evidence — Opponent’s Website = Admission Usable on Jurisdictional Motion — Internet Archive (Wayback) Pages of Opponent’s Website Admitted without Supporting Certification from Archive Absent Claim of Inaccuracy

SprayFoamPolymers.com, LLC v. Luciano, 2018 Tex. App. LEXIS 1793 (Tex. Ct. App. Mar. 9, 2018): This is an appeal from the trial court's denial of the special appearance filed by appellant and defendant below, SprayFoamPolymers.com, LLC, in a lawsuit filed by appellees Frank and Helene Luciano related to the installation of Thermos ...
SprayFoamPolymers.com, LLC v. Luciano, 2018 Tex. App. LEXIS 1793 (Tex. Ct. App. Mar. 9, 2018): This is an appeal from the trial court's denial of the special appearance filed by appellant and defendant below, SprayFoamPolymers.com, LLC, in a lawsuit filed…
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Appeals: A Single Sentence in a Reply Brief Below Does Not Preserve An Argument for Appellate Review

Coach Servs. v. Source II, 2018 U.S. App. LEXIS 6398 (6th Cir. Mar. 15, 2018): The district court ruled that Cerhue Walker and Source II infringed Coach's trademarks, awarded statutory dam ...
Coach Servs. v. Source II, 2018 U.S. App. LEXIS 6398 (6th Cir. Mar. 15, 2018): The district court ruled that Cerhue Walker and Source II infringed Coach's trademarks, awarded statutory damages to Coach, and permanently enjoined Walker and Source…
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Documents on 12(b)(6) Motion: Even If “Integral” to Complaint, Doc. Won’t Be Considered If Authenticity Disputed — Existence of Website Considered But Not Truth of Contents

Russo v. Navient Sols., LLC, 2018 U.S. Dist. LEXIS 48263 (D. Vt. Mar. 23, 2018): Plaintiff Kayla Russo brings this action against Defendants Navient Solutions, LLC ("Navient"), SLM Private Credit Stu ...
Russo v. Navient Sols., LLC, 2018 U.S. Dist. LEXIS 48263 (D. Vt. Mar. 23, 2018): Plaintiff Kayla Russo brings this action against Defendants Navient Solutions, LLC ("Navient"), SLM Private Credit Student Loan Trust 2006-A, SLM Private Education Student Loan…
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Recent Posts

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

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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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