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

March 19, 2023

Administrative Closure of A Case Is A Tool of Docket Management Outside the Federal Rule of Civil Procedure Used to Shelve A Pending But Dormant Matter —District Court Order Administratively Closing A Case Is Not An Appealable Final Order, But An Order Denying A Motion to Reopen Is — “A Case Is Deemed To Be Final When A District Court Disassociates Itself From A Case” (Good Quote) — Fed. R. Civ. P. 6(b)(1)(B) Does Not Confer Authority to Dismiss A Case; Other Power Must Be Invoked — Rule 41(b) Dismissal: Sixth Circuit Factors

Rodriguez v. Hirshberg Acceptance Corp., 2023 U.S. App. LEXIS 6006 (6th Cir. Mar. 14, 2023): District courts, it is broadly accepted, enjoy tremendous freedom in managing their caseload. That flexibility stems in part from the fact that no two dist ...
Rodriguez v. Hirshberg Acceptance Corp., 2023 U.S. App. LEXIS 6006 (6th Cir. Mar. 14, 2023): District courts, it is broadly accepted, enjoy tremendous freedom in managing their caseload. That flexibility stems in part from the fact that no two district…
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§ 1927 Sanctions Available for Needlessly Prolonging Deposition Through Irrelevant Questions Even If Movant Did Not Move for A Protective Order under Rule 30 — No § 1927 Sanctions Imposable on Law Firms (Majority Rule – Circuit Split) — “Whether A Defendant Offers To Settle A Case Is Of Questionable Value In Determining Whether The Plaintiff’s Claims Are Frivolous” (Good Quote)

Vaughan v. Lewisville Indep. Sch. Dist., 2023 U.S. App. LEXIS 5684, 2023 WL 2423494 (5th Cir. Mar. 9, 2023): In this case, the district court awarded fees against Vaughan’s attorneys after finding that they unreasonably and vexatiously multiplied ...
Vaughan v. Lewisville Indep. Sch. Dist., 2023 U.S. App. LEXIS 5684, 2023 WL 2423494 (5th Cir. Mar. 9, 2023): In this case, the district court awarded fees against Vaughan’s attorneys after finding that they unreasonably and vexatiously multiplied the…
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Spoliation of Tangible Evidence: Sixth Circuit Standards – Harsh Sanctions Typically Imposed Only for Culpability Greater Than Negligence – Sanction of Summary Judgment Properly Denied for Negligent Spoliation by Hospital’s Document Storage Company Years Before Plaintiff Ever Requested His Medical Records

Frank v. Good Samaritan Hosp., 2023 U.S. App. LEXIS 6265 (6th Cir. Mar. 15, 2023) (unpublished): Jahmir Frank sued Good Samaritan Hospital for medical malpractice. But because Good Samaritan's contractor destroyed his medical records, Frank ...
Frank v. Good Samaritan Hosp., 2023 U.S. App. LEXIS 6265 (6th Cir. Mar. 15, 2023) (unpublished): Jahmir Frank sued Good Samaritan Hospital for medical malpractice. But because Good Samaritan’s contractor destroyed his medical records, Frank’s claim was arguably more difficult …
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Sanctions: Vexatious Litigant Injunctions in District Court (5th Circuit Standards) — Vexatious Litigant Injunctions in Court of Appeals: Inherent Power and Statutory (All Writs Act) Authority — FRAP 38 Monetary Sanctions: Frivolousness Need Not Be Intentional, Can Be Inadvertent — RICO: Plaintiff Cannot Plead Actual Reliance on Assertion He Knew at The Time Was False; Actual Reliance Unjustifiable as A Matter of Law; Common-Law Fraud Not A Predicate Act

Nix v. Major League Baseball, 2023 U.S. App. LEXIS 6319, 2023 WL 2534977 (5th Cir. Mar. 16, 2023): ...
Nix v. Major League Baseball, 2023 U.S. App. LEXIS 6319, 2023 WL 2534977 (5th Cir. Mar. 16, 2023): *1 This appeal involves the latest in a series of unsuccessful lawsuits2 by Neiman Nix, proceeding pro se, who sued…
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Supplemental vs. New Expert Report: If Report Asserts New Analysis Or Conclusions [Based on Information Available at Time of Original Report], It Is Not Supplemental within Rule 26(e)(2) — Rule 37(c)(1) and Rule 16(f) Exclusion: Four Factors (5th Circuit Test) — Sham Affidavit Doctrine Applies Only to Summary Judgment Affidavit That Contradicts Prior Deposition Testimony — Note: Court Fails to Address Rule 26(e)(1)(A) (Here, The New Opinion Was “Otherwise … Made Known to The Other Parties During The Discovery Process” Because It Was Inquired About At Deposition — See The Temptation to Depose Every Expert, 40 Litigation, No. 2 at 35 (Winter 2014)

Majestic Oil, Inc. v. Certain Underwriters at Lloyd's, 2023 WL 2549892 (5th Cir. Mar. 17, 2023) (unpublished): PER CURIAM:* Majestic Oil, Inc. v. Certain Underwriters at Lloyd's, 2023 WL 2549892 (5th Cir. Mar. 17, 2023) (unpublished): This is a first-party insurance case. Majestic Oil, Inc. asserts th ...
Majestic Oil, Inc. v. Certain Underwriters at Lloyd’s, 2023 WL 2549892 (5th Cir. Mar. 17, 2023) (unpublished): PER CURIAM:* Majestic Oil, Inc. v. Certain Underwriters at Lloyd’s, 2023 WL 2549892 (5th Cir. Mar. 17, 2023) (unpublished): This is 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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