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
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Improper Argument and Remarks at Trial — Sanctions

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Feelings often run high at trial, and they ran high enough in Maday v. Public Libraries of Saginaw, 480 F.3d 815 (6th Cir. 2007), that the issue was whether a mistrial was required. Defense counsel in this employment-related case began her opening statement with a derogatory reference to the length of the opening of plaintiff’s counsel:

I see it in your eyes, it's not going to be an hour and ten minute on [sic] opening statement, I promise you. I was having to sit back there, another problem with going second in these trials is I have to sit back and just bite my knuckles.

She echoed the aggressive theme at the end of her summation:

Before I get started on my planned discussion here, I wanted to just say one thing because I've had to sit back there and every time I'm hearing from [plaintiff’s counsel] it's like nails on a chalkboard. It's driving me crazy. Mr. [X, a witness] never said at any point in time that [the plaintiff] was disciplined, fired, [or] job changed . . . . He never testified to that. I'm not asking to you [sic] take my word, I'm asking you to think back on your memory as to what was asked to him by [plaintiff’s counsel]. . . .

Throughout the trial, defense counsel allegedly ‛repeatedly made inappropriate facial gestures as a means to communicate with the jury and cast doubt on [plaintiff’s] case and [her counsel’s] abilities as a lawyer.“ Finally, at a sidebar, defense counsel loudly accused plaintiff’s counsel of lying (the judge addressed this last one with a curative instruction.

Legal standard: ‛Misconduct by an attorney that results in prejudice may serve as a basis for a new trial. The burden of showing prejudice rests with the party seeking the new trial, and district courts have broad discretion in deciding whether to grant a motion for a new trial“ (citation omitted). The district judge has ‛broad discretion in determining whether attorney ... comments improperly prejudiced the jury,“ applying a ‛totality-of-the-circumstances approach.“

Held: ‛This case ... appears to involve nothing more than verbal (and perhaps also non-verbal) sparring between trial attorneys, an occurrence not uncommon ‘in the heat of battle,’" as the trial judge correctly pointed out.“ Decision not to grant a mistrial for attorney misconduct affirmed.

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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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