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

January 9, 2024

Inherent Power Sanctions — Dismissal with Prejudice Appropriate for Threats of Violence Or Other Insubordination That Disables The Judiciary From Functioning

Freeman v. Anderson, 2023 U.S. App. LEXIS 31213 (7th Cir. Nov.  22, 2023) (unpublished): ORDER Dismissal of a lawsuit, although a severe sanction, is sometimes warranted. The district court properly dismissed this suit file ...
Freeman v. Anderson, 2023 U.S. App. LEXIS 31213 (7th Cir. Nov.  22, 2023) (unpublished): ORDER Dismissal of a lawsuit, although a severe sanction, is sometimes warranted. The district court properly dismissed this suit filed by Sovereignty Joeseph Helmueller Sovereign Freeman…
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Inherent Power Sanctions Appropriate to Punish Violation of Vexatious Litigant Injunction

Johnson v. Taco Bell Corp., 2023 U.S. App. LEXIS 31370 (6th Cir. Nov. 27, 2023): ORDER Alfred A. Johnson, Sr., a pro se Ohio prisoner, appeals the district court's summary dismissal of his civil action and imposition of filing restric ...
Johnson v. Taco Bell Corp., 2023 U.S. App. LEXIS 31370 (6th Cir. Nov. 27, 2023): ORDER Alfred A. Johnson, Sr., a pro se Ohio prisoner, appeals the district court’s summary dismissal of his civil action and imposition of filing restrictions.…
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Inherent Power Sanctions Require Willful Disobedience of Court Order Or Act Taken in Bad Faith, Vexatiously, Wantonly or For Oppressive Reasons — Finding of Bad Faith Warranted for Knowingly or Recklessly Raising Frivolous Argument Or Arguing Meritorious Claim for Purposes of Harassing Opponent

Rooter Hero Phx., Inc. v. Beebe, 2023 U.S. App. LEXIS 32661 (9th Cir Dec. 11, 2023) (unpublished): MEMORANDUM* Plaintiffs Rooter Hero Phoenix, Inc. and Call Pro's, Inc. appeal the distr ...
Rooter Hero Phx., Inc. v. Beebe, 2023 U.S. App. LEXIS 32661 (9th Cir Dec. 11, 2023) (unpublished): MEMORANDUM* Plaintiffs Rooter Hero Phoenix, Inc. and Call Pro’s, Inc. appeal the district court’s order imposing monetary sanctions on their counsel under …
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FRAP 38 And 28 U.S.C. § 1927 Sanctions on Appeal — “Having A Steep Hill To Climb On Appeal Does Not Make An Appeal Frivolous” (Good Quote)

Buck v. Compton, 2023 U.S. App. LEXIS 33988 (6th Cir. Dec. 20, 2023): *1 Thomas Buck, a former financial advisor, defrauded several of his clients, including Janice Compton. Following Buck’s criminal conviction for fraud, Compton ...
Buck v. Compton, 2023 U.S. App. LEXIS 33988 (6th Cir. Dec. 20, 2023): *1 Thomas Buck, a former financial advisor, defrauded several of his clients, including Janice Compton. Following Buck’s criminal conviction for fraud, Compton sued Buck, and the parties…
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Rule 11 Sanctions for Complaint — Two-Pronged Inquiry: (a) Whether Complaint Is Objectively Frivolous and (b) Whether Attorney Conducted A Reasonable Inquiry; (2) Relevant Factors Include Access To Information, Experience Of Attorney Versus The Level Of Specialized Expertise Necessary, Whether The Allegations Are Related To Knowledge, Purpose, Or Intent, The Relation Of Allegedly Frivolous Claim To The Pleading As A Whole, Length Of Time The Attorney Had To Investigate, And The Complexity Of The Case

Persian Gulf, Inc. v. Alon United States Energy, Inc., 2023 U.S. App. LEXIS 34169 (9th Cir. Dec. 26, ...
Persian Gulf, Inc. v. Alon United States Energy, Inc., 2023 U.S. App. LEXIS 34169 (9th Cir. Dec. 26, 2023) (unpublished) MEMORANDUM* *1 In these consolidated cases, Defendant-Appellant Alon USA Energy, Inc. (Alon) appeals the district court’s denial of its…
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Spoliation Sanctions — Fed. R. Civ. P. 37(e) —Adverse Inference — Fifth Circuit Equates “Intent to Deprive Another Party of the Information’s Use in the Litigation” with Its Traditional Test of “‘Bad Faith’ or ‘Bad Conduct’”

Ford v. Anderson Cnty., 2024 U.S. App. LEXIS 506 (5th Cir. Jan. 8, 2024) Per Curiam: On June 15, 2018, pretrial detainee Rhonda Newsome died in Anderson County Jail due to complications [*2] 
Ford v. Anderson Cnty., 2024 U.S. App. LEXIS 506 (5th Cir. Jan. 8, 2024) Per Curiam: On June 15, 2018, pretrial detainee Rhonda Newsome died in Anderson County Jail due to complications [*2]  from Addison’s disease. Newsome’s family members filed…
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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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