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

October 27, 2022

§ 1447(c) Sanctions: No Bad Faith Required; Abuse of Discretion Review — Evidence on Sanctions Motions: Rule 408 Does Not Bar Consideration of Settlement Discussions to Prove Bad Faith in Connection with a Sanctions Proceeding (Here, Relevant to Size of Sanctions Award) — Adequate Opportunity to Be Heard Afforded by Allowing Supplemental Briefing

Powell v. Healy, 2022 U.S. App. LEXIS 25776, 2022 WL 4181717 (9th Cir. Sept. 13, 2022) (unpublished): MEMORANDUM* *1 Plaintiff-Appellee Charlie A. Powell, a Tennessee hip hop artist manager, filed a breach of contract action in Tennessee state court against Defendant ...
Powell v. Healy, 2022 U.S. App. LEXIS 25776, 2022 WL 4181717 (9th Cir. Sept. 13, 2022) (unpublished): MEMORANDUM* *1 Plaintiff-Appellee Charlie A. Powell, a Tennessee hip hop artist manager, filed a breach of contract action in Tennessee state…
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Interlocutory Orders (Here, Compelling Arbitration) Do Not Merge Into A Final Judgment Of Dismissal Under Rule 41(b)

R and C Oilfield Servs., LLC v. Am. Wind Transport Group LLC, 45 F.4th 655 (3d Cir. 2022):  R and C Oilfield Services LLC (“R&C”) was ordered to arbitrate its dispute with American Wind Transport LLC and, seventeen months later, told the District Court that it had no plans to do so. As a result, the District Cou ...
R and C Oilfield Servs., LLC v. Am. Wind Transport Group LLC, 45 F.4th 655 (3d Cir. 2022):  R and C Oilfield Services LLC (“R&C”) was ordered to arbitrate its dispute with American Wind Transport LLC and, seventeen months …
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“Sanctions Should Not Be Used Lightly, And Should Be Used As A Lethal Weapon Only Under Extreme Circumstances” (Good Quote) — Inherent Power to Dismiss for Violation of Court Order Or Rule of Procedure Should Be Confined to Instances of Bad Faith — Meaning of “Excusable Neglect” — Factors under Rule 60(b) (Relief from Final Judgment) — Involuntary Dismissals “Should Be Confined To Instances Of ‘Bad Faith — Dismissal Disfavored When Sanctionable Conduct Attributable to Counsel, Not Client

Razvi v. Dallas Fort Worth Int'l Airport, 2022 U.S. App. LEXIS 26058, 2022 WL 4298141 (5th Cir. Sept. 16, 2022) PER CURIAM:* *1 Meher Razvi appeals the district court’s dismissal of his case and denial of his motion for relief from judgment on the grounds of excusa ...
Razvi v. Dallas Fort Worth Int’l Airport, 2022 U.S. App. LEXIS 26058, 2022 WL 4298141 (5th Cir. Sept. 16, 2022) PER CURIAM:* *1 Meher Razvi appeals the district court’s dismissal of his case and denial of his motion…
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Purposes of Rule 37 Sanctions – Necessity District Court Set Forth Reasons – If Granted, Fees Are “Generally Mandatory” – Three Exceptions – 4 Ways An Appellant Can Abandon A Claim – Rule 69 Doesn’t Limite Post-Judgment Discovery to Federal, As Opposed to State, Discovery Mechanisms – Dismissal Without Prejudice After Statute Of Limitations Has Run Is Reviewed As If It Were With Prejudice

Ctr. for Individual Rights v. Chevaldina, 2022 U.S. App. LEXIS 26869, 2022 WL 4462246 (11th Cir. Sept. 26, 2022) (per curiam) PER CURIAM:   *1 Irina Chevaldin ...
Ctr. for Individual Rights v. Chevaldina, 2022 U.S. App. LEXIS 26869, 2022 WL 4462246 (11th Cir. Sept. 26, 2022) (per curiam) PER CURIAM:   *1 Irina Chevaldina, proceeding pro se, appeals following the voluntary dismissal, without prejudice, of a…
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Recent Articles

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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