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

Greg Joseph

Federal Post-Judgment Interest Statute, 28 U.S.C. § 1961(c)(4), Applies to Adversary Proceedings in Bankruptcy, Unless a More Particular Provision of the Bankruptcy Code Dictates A Different Result (Issue of First Impression in Fifth Circuit)

Carmichael v. Balke (In re Imperial Petro. Recovery Corp.), 84 F.4th 264 (5th Cir. 2023): [*268]  Per Curiam: This appeal arises from an adversary proceeding in bankruptcy. We affirm in part, vacate in part, and remand. I. This litigation stems…
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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 LEXIS 31213 (7th Cir. Nov.  22, 2023) (unpublished): ORDER Dismissal of a lawsuit, although a severe sanction, is sometimes warranted.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 filed by Sovereignty Joeseph Helmueller Sovereign Freeman…
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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 LEXIS 32661 (9th Cir Dec. 11, 2023) (unpublished): MEMORANDUM* Plaintiffs Rooter Hero Phoenix, Inc. and Call Pro’s, Inc. appeal the district court’s order imposing monetary sanctions on their counsel under …
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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, 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]  from Addison’s disease. Newsome’s family members filed…
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Criminal Spoliation — Eleventh Circuit Has Never Ruled That A Spoliation Instruction Should Be Given in a Criminal Case, But Holds That Bad Faith Would Be Required Were It Ever To So Rule — Also Surveying Other Circuits’ Law on Criminal Spoliation

United States v. Fey, 2023 U.S. App. LEXIS 34456 (11th Cir. Dec. 28, 2023): Criminal Spoliation — Eleventh Circuit Has Never Ruled That A Spoliation Instruction Should Be Given in a Criminal Case, But Holds That Bad Faith Would Be …
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Rule 37(d) and 41(b) Dismissal Sanction: (1) Sixth Circuit Factors (Bad Faith/Fault, Prejudice, Warning, Lesser Sanctions Considered); (2) Deliberate Disregard of Court Order Excuses District Court’s Failure to Warn Litigant That Case Could Be Dismissed (Here, Opposing Counsel Had So Warned in Writing); (3) While Lesser Sanctions Should Be Considered, District Court May Dismiss As First And Only Sanction; (4) Type of Misconduct Justifying Dismissal with Prejudice

Moore v. Erickson, 2023 U.S. App. LEXIS 26639 (6th Cir. Oct. 5, 2023) (unpublished) ORDER *1 In this 42 U.S.C. § 1983 action, Anthony Lamont Moore, a former Michigan prisoner proceeding pro se, appeals a district court judgment imposing costs…
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Recent Articles

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

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

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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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