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

August 17, 2010

Removal — Fraudulent Joinder — Fifth Circuit Test and Procedure

From Moore v. Goodyear Tire & Rubber Co., 2010 U.S. Dist. LEXIS 80703 (N.D. Tex. Aug. 10, 2010): "[T]he burden on the removing party is to prove that the joinder of the in-state parties was improper- -that is, to show that sham defendants were added to defeat jurisdiction." Smallwood v. I11. Cent. R.R. Co., 385 F.3d 568, 575 (5th ...
From Moore v. Goodyear Tire & Rubber Co., 2010 U.S. Dist. LEXIS 80703 (N.D. Tex. Aug. 10, 2010): “[T]he burden on the removing party is to prove that the joinder of the in-state parties was improper- -that is, to show…
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Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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Inherent Power and § 1927 Sanctions: Removal of counsel from case, referral for disciplinary action, and award of fees and costs for assaulting opposing counsel at deposition — Failure to request hearing waive any right to a hearing — Notice and opportunity to be heard required before sua sponte sanctions imposed, whether under Rule 11, the inherent power of the court or § 1927 — Notice may come from court or opposing counsel — Order imposing sanctions cannot provide notice of sanctions — Nature of bad faith requirement for inherent power sanctions: bad faith to obstruct the judicial process or bring about violation of a court order — Sanctions proceeding need not defer (Younger abstention) to disciplinary proceeding involving the same conduct — Sanctions proceeding doesn’t threaten to interfere with disciplinary proceeding — Why District Court is accorded significant deference in matters concerning attorney’s fees

Rule 11 Sanctions — Even If Court Invites Sanctions Motion, Safe Harbor Must Be Complied With — If Safe Harbor Is Not Provided, Court May Not Proceed Sua Sponte without Affording the Due Process Required by Rule 11(c)(3): Issuing a Show Cause Order Why Conduct Specifically Described In The Order Has Not Violated — The Show Cause Order Need Not Be A Separate Order — Appellee’s Request That Appellate Court Consider Alternate Ground of Inherent Power Sanctions Fails Due to Lack of Notice That Inherent Power Sanctions, and Therefore Bad Faith, Were At Issue

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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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