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

December 19, 2023

Inherent Power Sanctions/Due Process/Vexatious Litigant Injunction: (1) Pro Se Status Relevant to Considering Whether Due Process Issue Waived Due to Failure to Assert; (2) Party Has a Right to Notice That a Vexatious Litigant Injunction Is Under Consideration and an Opportunity to Be Heard; (3) Prior Warnings of Frivolousness from Other Courts Does Not Afford Notice That Party Is at Risk of Sanction in Present Court (i.e., Distinguishing Notice of Frivolousness from Due Process Notice of Risk of Sanction)

Allen v. United States, 2023 U.S. App. LEXIS 33380 (Fed. Cir. Dec. 28, 2023)   Per Curiam. *1 Derrick Allen filed a pro se complaint in the Court of Federal Claims alleging that the Clerk’s Office in the ...
Allen v. United States, 2023 U.S. App. LEXIS 33380 (Fed. Cir. Dec. 28, 2023)   Per Curiam. *1 Derrick Allen filed a pro se complaint in the Court of Federal Claims alleging that the Clerk’s Office in the United States District…
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(1) Party May Simultaneously Claim Privilege And Dispute Document’s Authenticity; (2) No Per Se Waiver Rule When Privilege Log Is Not Produced; (3) Fact Opponent Actually Possesses Challenged Documents Significantly Affects Log Analysis; (4) Inherent Power Sanctions: Ninth Circuit Factors

Mayorga v. Ronaldo, 2023 U.S. App. LEXIS 30921 (9th Cir. Nov. 21, 2023) (unpublished):  MEMORANDUM* In 2010, Defendant-Appellee Cristiano Ronaldo ("Ronaldo") ...
Mayorga v. Ronaldo, 2023 U.S. App. LEXIS 30921 (9th Cir. Nov. 21, 2023) (unpublished):  MEMORANDUM* In 2010, Defendant-Appellee Cristiano Ronaldo (“Ronaldo”) settled a sexual assault claim made against him by Plaintiff-Appellant Kathryn Mayorga (“Mayorga”). The matter lay dormant until…
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Appeals: “When A District Court Lists Several Reasons For Taking A Certain Action, And One Of The Reasons Is Flawed, The District Court’s Decision Should Still Be Upheld If Other Reasons Support The Ruling” (Good Quote)

Baker v. Meiling, 2023 U.S. App. LEXIS 33042 (9th Cir. Dec. 14, 2023) (unpublished):   MEMORANDUM* Appellants—a [*3]  proposed ...
Baker v. Meiling, 2023 U.S. App. LEXIS 33042 (9th Cir. Dec. 14, 2023) (unpublished):   MEMORANDUM* Appellants—a [*3]  proposed class of elderly investors in a metal-coatings company—appeal from the district court’s order awarding attorneys’ fees to Appellees and sanctioning…
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(1) Diversity Jurisdiction: Allegations of Residency May Be Corrected by Letter to Establish Citizenship under 28 U.S.C. § 1653; (2) Rule 37(c)(1) Sanctions Excluding Expert Report — Fifth Circuit Factors; (3) Rule of Orderliness: One Panel May Not Overturn Another’s Decision Absent Intervening Change in Law; (4) Modest Prejudice from Late Expert Disclosure Sufficient to Sustain Exclusion; (5) Defaulting Party’s Refusal to Consent to Adjournment of Expert Deadlines Properly Considered in Exclusion Analysis; (6) Good Quote: “Because Of A Trial Court’s Need To Control Its Docket, A Party’s Violation Of The Court’s Scheduling Order Should Not Routinely Justify A Continuance”

Stewart v. Gruber, 2023 U.S. App. LEXIS 33127 (5th Cir. Dec. 14, 2023) (unpublished) Per Curiam:* Plaintiffs1 a ...
Stewart v. Gruber, 2023 U.S. App. LEXIS 33127 (5th Cir. Dec. 14, 2023) (unpublished) Per Curiam:* Plaintiffs1 appeal from two interrelated district court orders: (1) the exclusion of their expert’s reports and testimony, [*2]  and (2) the grant…
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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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