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 5, 2024

Inherent Power Sanctions: Barring Lead Counsel from Delivering Closing Argument at Trial Within Trial Court’s Discretion as Sanction for Serial Misconduct, Including Deposition Misconduct, Obstructionist Discovery Tactics; Scheduling Order Violations, Disregard of In Limine Orders and Ignoring a Sustained Objection

Rightchoice Managed Care, Inc. v. Hosp. Partners, Inc., 2024 U.S. App. LEXIS 18599 (8th Cir. July 29, 2024): *1 Beau Gertz, Mark Blake, SeroDynamics, and LabMed Services (collectively, the Sero Defendants) perpetrated a pass-throug ...
Rightchoice Managed Care, Inc. v. Hosp. Partners, Inc., 2024 U.S. App. LEXIS 18599 (8th Cir. July 29, 2024): *1 Beau Gertz, Mark Blake, SeroDynamics, and LabMed Services (collectively, the Sero Defendants) perpetrated a pass-through billing scheme for lab tests billed…
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Sanctions: (1) Rule 11(c)(2) “Nonfrivolous Argument for Extending, Modifying, or Reversing Existing Law or For Establishing New Law”: Argument Barred by Supreme Court or Circuit Precedent “Not Per Se Sanctionable—An Attempt to Distinguish One’s Case … Is Enough” —(2) Mere Loss on Summary Judgment Doesn’t Necessarily Mean Sanctions Are Apt: Absence of Genuine Issue of Material Fact Does Not Negate Existence of Plausible Factual and Legal Contentions

Mazurek v. Metalcraft of Mayville, Inc., 2024 WL 3632732 (7th Cir. Aug. 2, 2024): Opinion
Mazurek v. Metalcraft of Mayville, Inc., 2024 WL 3632732 (7th Cir. Aug. 2, 2024): Opinion Jackson-Akiwumi, Circuit Judge. *1 A group of employees sued their employer, Metalcraft of Mayville, for failing to pay them for time spent working just…
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RICO Pleading: Racketeering Activity Consists Exclusively of Crimes Listed in § 1961(1); Conclusory References to Crimes in Complaint Inadequate; Generic References To “Fraud” without Specifying Type of Frauds Listed In § 1961 That Each Defendant Allegedly Committed Is Inadequate; Fiduciary Duty Breach, Breach of Contract, Negligence, Defamation Are Not Predicate Acts

Lopez v. COMPA Indus., Inc., 2024 U.S. App. LEXIS 18176 (10th Cir. July 24, 2024) (unpublished): ...
Lopez v. COMPA Indus., Inc., 2024 U.S. App. LEXIS 18176 (10th Cir. July 24, 2024) (unpublished): *1 Samuel Lopez, proceeding pro se,1 appeals the district court’s order dismissing his various claims against Compa Industries, Inc., several of Compa’s officers…
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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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