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 27, 2024

Arbitration: Whether Allegedly Non-Party Parent Corp. Compelled to Arbitrate Must Be Tried to Resolve Fact Issues Over Nomenclature And “Implicitly Agreed To Be Mutually Bound” By Arbitration Clause

James v. RPS Holdings, LLC, 2024 U.S. App. LEXIS 1283 Opinion   PER CURIAM: The issue in this case arises from a motion to compel arbitration in a putative class action. We consider whether there was a gen ...
James v. RPS Holdings, LLC, 2024 U.S. App. LEXIS 1283 Opinion   PER CURIAM: The issue in this case arises from a motion to compel arbitration in a putative class action. We consider whether there was a genuine issue of…
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Experts: Opinion Based on Specified Literature Properly Excluded As Irrelevant After District Judge Read The Literature And Correctly Concluded It Did Not Say What The Expert Claimed — Correlation Is Not Causation

Md. Shall Issue, Inc. v. Anne Arundel Cnty., 2024 U.S. App. LEXIS 1499 (4th Cir. Jan. 23, 2024) Deaths by suicide have increased nationally over recent years, and now roughly 48,000 people die annually from suicide. And over 50% of those suicides w ...
Md. Shall Issue, Inc. v. Anne Arundel Cnty., 2024 U.S. App. LEXIS 1499 (4th Cir. Jan. 23, 2024) Deaths by suicide have increased nationally over recent years, and now roughly 48,000 people die annually from suicide. And over 50% of…
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ChatGBT Evidence Excluded As “Notorious for Inventing False Information About Market Rates”

M.B. v. N.Y.C. Dep't of Educ., 2024 U.S. Dist. LEXIS 13836 (S.D.N.Y. Jan. 24, 2024) (R&R) REPORT AND RECOMMENDATION SARAH NETBURN, United States Magistrate Judge. TO THE HONORABLE J ...
M.B. v. N.Y.C. Dep’t of Educ., 2024 U.S. Dist. LEXIS 13836 (S.D.N.Y. Jan. 24, 2024) (R&R) REPORT AND RECOMMENDATION SARAH NETBURN, United States Magistrate Judge. TO THE HONORABLE JOHN P. CRONAN: On behalf of her son K.B., M.B.…
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Recent Articles

Rule 37(c)(1) Sanctions: (1) Exclusion of Expert Testimony Reviewed for Abuse of Discretion Even When It Results in Summary Judgment — (2) Whether Physicians Must File 26(a)(2)(B) Report Depends on Whether They Formed Their Opinions for Litigation Or in the Course of Medical Treatment — (3) Party Seeking to Avoid Exclusion of Its Expert for Noncompliance with Rule 26 Bears Burden of Showing Harmlessness or Substantial Justification — (4) Expert Report Subject to Exclusion If It Is Conclusory and Does Not Meet the Level of Rigor Required by Rule 26(a)(2)(B)

RICO: The Statute Defines Enterprise Broadly, “But That Breadth Is Not Without Limit” (Good Quote) — Enterprise Inadequately Pled Where Plaintiffs Fail to Name the Common Purpose, Explain How the Relationships Among the Defendants Allowed Them to Advance That Purpose, Or Specify the Period of Time Sufficient to Achieve That Purpose — In a Particular Case, the Pattern of Racketeering May Be Sufficient to Infer the Existence of an Association-in-Fact Enterprise, But Pattern Does Not Necessarily Establish Enterprise — A RICO Conspiracy May Exist Regardless of Whether the Substantive RICO Violation Is Consummated, But the Substantive Violation Must Be Adequately Pled

RICO: (1) Claim Accrued When Plaintiff Suffered, and Was Aware of, Her Injury — Overt Retaliation in Her Employment As A Result of Reporting Another Employee’s Sexual Misconduct — Not When a Report Confirming that Misconduct Later Became Public; (2) Inhouse Lawyer’s Conclusion No Sexual Misconduct Occurred Is a Mere Expression of a Legal Conclusion, Not Deception Warranting SOL Reprieve Due to Equitable Tolling or Fraudulent Concealment — Plaintiff Exhibited Lack of Diligence in Failing to Consult Own Counsel or Challenge Inhouse Counsel’s Conclusion; (3) Causation: Plaintiff Must Prove Her Injuries Were Directly Caused by the Predicate Acts — (4) Concealment of Report Commissioned by Employer Directly Harmed Employer (by Exposing It to Liability) and Victims of Sexual Misconduct, and Only Indirectly Harmed Plaintiff Who Suffered Retaliation in Her Employment for Reporting the Misconduct

RICO: Without Injury to Business or Property, Injury Resulting from RICO Violation Is Not Actionable under RICO — Meaning of “Property” in § 1964(c) — Meaning of “Business” in § 1964(c) — Mere “Expectancy Interests” ≠ Business or Property — Loss of NCAA Eligibility = Loss of a Status, Not Loss of Property — Pecuniary Losses (Here, Attorney’s Fees) Flowing from a Non-Cognizable Injury Are Not Recoverably via RICO

RICO: Enterprise Not Sufficiently Distinct from Defendant Where Enterprise Allegedly Consisted of the Defendant Corporation, Corporate Employees, Their Counsel and “Friends”

FRAP 38 Sanctions Should Not Lightly Be Awarded on the Ground That an Incorrect Argument Was Frivolous — “An Appeal Can Be Weak, Indeed Almost Hopeless, Without Being Frivolous” (Good Quote) — There Must Be “No Legitimate Basis for Pursuing the Appeal” (Good Quote)

Severe Emotional Distress and Trauma ≠ RICO Injury — Parents’ Voluntary Financial Support of Adult Daughter Who Was Forced to Sign Over Her Annuity in Violation of RICO Not Proximately Caused by RICO Violation — Injury Is Derivative, Not Direct (Intimation of Different Result if Financial Support Required by Law) — RICO Injury Is Requirement for Statutory Standing (12(b)(6) Issue), Not Constitutional Standing (12(b)(1) Issue)

RICO — Neither Filing a Complaint Nor Issuing a Press Release Constitutes Wire Fraud — Litigation Privilege Is Absolute and Bars All Tort Claims Other Than Malicious Prosecution — Abuse of Process Claim Barred (California Law)

RICO Statute of Limitations: (1) Under Separate Accrual Rule, Plaintiff May Recover Only for Additional Damages Suffered as a Result of the New Predicate Act and Not for Earlier Predicates Outside the 4-Year Limitations Period — (2) No Equitable Tolling Absent Diligence in Filing Suit — 3.25 Year Delay between Indictment and Filing Suit Too Long (Even 9 Months May Be Too Long) — “Equity Favors Those Who Diligently Pursue Their Known Rights” (Good Quote)

Sanctions: Rule 41(b) Overlaps with Inherent Power to the Extent It Authorizes Dismissal for Failure to Prosecute or Comply with a Court Order — Rule 41(b) Dismissal OK for Failure to Comply with Court Order on Notice of the Drastic Ramifications and When Predicated on a Protracted Course of Dilatory Or Otherwise Improper Behavior — Dismissal Sanction May Be Upheld When Point of Noncompliance with Order Is to Accelerate Appeal

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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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