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 11, 2023

Inherent Power Sanctions: Finding of Willfulness ≠ Finding of Subjective Bad Faith — Due Process Requires Notice of Precise Rule, Standard or Law The Lawyer Allegedly Violated And How The Lawyer Allegedly Violated It

Baker v. 3M Co., 2023 U.S. App. LEXIS 13339 (11th Cir. May 31, 2023) (unpublished) *1< ...
Baker v. 3M Co., 2023 U.S. App. LEXIS 13339 (11th Cir. May 31, 2023) (unpublished) *1 This is an appeal from the district court’s order imposing monetary sanctions against attorneys Kimberly O. Branscome and Jay L. Bhimani. At the conclusion…
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Rule 41(b) Sanctions: Dismissals Without Prejudice Generally Cause Minimal Harm — Absent a Statute of Limitations Impediment to Refiling, Court of Appeals Therefore Applies a Less Stringent Standard of Review

Ubiquitous Connectivity, LP v. Txu Energy Retail Co. LLC, 2023 U.S. App. LEXIS 14377 (Fed. Cir. June 9, 2023) (unpublished) (applying 5th Circuit law) Per Curiam. Ubiquitous Connectivity, LP, sued TXU Energy Retail Co. LLC in the Nor ...
Ubiquitous Connectivity, LP v. Txu Energy Retail Co. LLC, 2023 U.S. App. LEXIS 14377 (Fed. Cir. June 9, 2023) (unpublished) (applying 5th Circuit law) Per Curiam. Ubiquitous Connectivity, LP, sued TXU Energy Retail Co. LLC in the Northern District of …
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Rule 16(f) and 37(b)(2)(A) Sanctions: Fifth Circuit Factors for Case-Ending Sanctions and for 37(b)(2) Sanctions Generally — Preclusion, Including Exclusion of Experts, Is Not as Drastic as Dismissal or Default — The Fact that Exclusion May Have the Legal Consequence of Dismissal (Or Any Other Consequence) Does Not Affect the Appropriateness of the Sanction

Williams v. Am. Honda Motor Co., Inc., 2023 U.S. App. LEXIS 13420 (5th Cir. May 31, 2023) (unpublished) PER CURIAM:* *   This opinion is not designat ...
Williams v. Am. Honda Motor Co., Inc., 2023 U.S. App. LEXIS 13420 (5th Cir. May 31, 2023) (unpublished) PER CURIAM:* *   This opinion is not designated for publication. See 5TH CIR. R. 47.5. *1 Following a car accident,…
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Rule 37(c)(1) Requires Exclusion of Undisclosed, Or Untimely Disclosed, Evidence — Here, Expert Report — Unless The Target of Sanctions Moves The Court to Consider Lesser Sanctions

Cantrell v. Coloplast Corp., 2023 U.S. App. LEXIS 20785 (8th Cir. Aug. 10, 2023): Opinion *1 Coloplast Corporation and Coloplast Manufacturing US, LLC (collectively, Coloplast) manufacture and market Restorelle L, a
Cantrell v. Coloplast Corp., 2023 U.S. App. LEXIS 20785 (8th Cir. Aug. 10, 2023): Opinion *1 Coloplast Corporation and Coloplast Manufacturing US, LLC (collectively, Coloplast) manufacture and market Restorelle L, a surgical mesh device. Angela Cantrell sued Coloplast for injuries…
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Sanctions — Conditional Payment of Monetary Award Prevents Mootness — Contempt Sanction — Payment into Court Escrow Account — Court Can Declare Effective Relief By Ordering That The Sum Paid Be Returned

In re Sealed Case, 2023 U.S. App. LEXIS 20733 (D.C. Cir. July 18, 2023): Pan, Circuit Judge:* The district court issued a search warrant in a criminal case, directing appellant ...
In re Sealed Case, 2023 U.S. App. LEXIS 20733 (D.C. Cir. July 18, 2023): Pan, Circuit Judge:* The district court issued a search warrant in a criminal case, directing appellant Twitter, Inc. (“Twitter”) to produce information to the government …
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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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