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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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Circuit Splits: Court Reluctant to Create Circuit Split, Does So Only If a Compelling Basis Exists — Reluctance Especially Acute If Rules at Issue Are Best Applied Uniformly

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Guerrero-Sanchez v. Warden York Cty. Prison, 2018 U.S. App. LEXIS 27445, 2018 WL 4608970 (3d Cir. Sept. 26, 2018):

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As we have discussed throughout our decision, our holding today is in line with that of the Ninth Circuit, the sole court of appeals to have also addressed this issue. See Diouf, 634 F.3d at 1082. Diouf is not controlling on us, yet it is instructive. We are also "reluctant to create [a] circuit split[]," and only do so "where a 'compelling basis exists.'" Parker v. Montgomery Cty. Corr. Facility/Bus. Office Manager, 870 F.3d 144, 152 (3d Cir. 2017) (quoting Karlo v. Pittsburgh Glass Works, LLC, 849 F.3d 61, 75 n.7 (3d Cir. 2017)). This reluctance is especially acute "where the rules at issue 'are best applied uniformly.'" Padilla-Ramirez, 882 F.3d at 836 (quoting Kelton Arms Condo. Owners Ass'n, Inc. v. Homestead Ins. Co., 346 F.3d 1190, 1192 (9th Cir. 2003)). ***

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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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