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

June 3, 2023

Affirmative Defense Properly Considered On Dismissal Motion If It Is Clear From The Face Of The Complaint And Matters Of Which The Court May Take Judicial Notice That The Claim Is Barred As A Matter Of Law

Lewis v. M&T Bank, 2022 U.S. App. LEXIS 6596, 2022 WL 775758 (2d Cir. Mar. 15, 2022) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgm ...
Lewis v. M&T Bank, 2022 U.S. App. LEXIS 6596, 2022 WL 775758 (2d Cir. Mar. 15, 2022) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED…
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Claims Or Defenses Not Defended In Opposition To Dispositive Motion Are Abandoned — No Abuse Of Discretion To Deny Leave To Amend Where Request Is Conclusory And Requested Only In Brief

Farag v. XYZ Two Way Radio Serv., Inc., 2023 U.S. App. LEXIS 7950 (2d Cir. April 4, 2023) (Unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of ...
Farag v. XYZ Two Way Radio Serv., Inc., 2023 U.S. App. LEXIS 7950 (2d Cir. April 4, 2023) (Unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED…
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RICO: Because Cannabis Is Illegal Under Federal Law, Damage To It Is Not Injury To Business Or Property Within 18 USC 1964(c)

Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023): The question presented in this case is w ...
Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023): The question presented in this case is whether Appellants, a cannabis entrepreneur and two cannabis businesses, have standing to bring claims arising pursuant to the Racketeer Influenced and Corrupt Organizations Act…
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Rule 16(f) And 37(b)(2)(A) Sanctions: Fifth Circuit Factors For (i) Case-Ending Sanctions, (ii) 37(b)(2) Sanctions Generally, (iii) Expert Exclusion And (iv) Failure To Designate Or Disclose Witness Testimony — Preclusion, Including Exclusion Of Experts, Is Not As Drastic As Dismissal or Default — The Fact That Preclusion May Have The Legal Consequence Of Dismissal Does Not Affect The Appropriateness Of The Sanction — If Preclusion Is An Appropriate Sanction, It Is Unlikely to Be Reversed Even If It Results In Dismissal

Williams v. Am. Honda Motor Co., 2023 U.S. App. LEXIS 13420, 2023 WL 3739095 (5th Cir. May 31, 2023) (unpublished) PER CURIAM:*
Williams v. Am. Honda Motor Co., 2023 U.S. App. LEXIS 13420, 2023 WL 3739095 (5th Cir. May 31, 2023) (unpublished) PER CURIAM:* *   This opinion is not designated for publication. See 5TH CIR. R. 47.5.   *1…
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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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