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

Hospital’s YouTube Videos Aspiring to Zero Errors Irrelevant to Med Mal Unless Relied on by Pl — Court May Deny Use of R. 32(a)(3) Video Dep If Wit Available, Even Tho Rule Says Dep Can Be Used for Any Purpose (Dicta?)—What’s Relevant? (Good Quote)

Berrios v. Mennonite Gen. Hosp., Inc., 2020 U.S. Dist. LEXIS 17329 (D.P.R. Jan. 30, 2020); BACKGROUND Pending before the Court are Plaintiff Angélica González-Berrios' Motion in Limine to Include and Exclude Evidence at Trial and Supplemental In Limine Request (Docket …
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Federal Court Has Personal Jurisdiction (JD) in Class Action If It Has General JD over Def. Or Specific JD Based on Named Plaintiff Alone — 23(f) Appeal OK from Any Order Functionally Equivalent to Motion Denying Certification

Mussat v. IQVIA, Inc., 2020 U.S. App. LEXIS 7560 (7th Cir. Mar. 11, 2020): Florence Mussat, an Illinois physician doing business through a professional services corporation, received two unsolicited faxes from IQVIA, a Delaware corporation with its headquarters in Pennsylvania. …
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Disqualification—Advocate-Witness Rule (3.7) Is Trial-Oriented, Doesn’t Bar Pretrial Participation — Motion Timely Only after Dismissal Motions, Discovery Determine Whether Trial Will Occur & High Hurdle of Necessity of Testimony at Trial Satisfied

Andrade v. City of Hammond, 2020 U.S. Dist. LEXIS 31042 (N.D. Ind. Feb. 24, 2020): This matter is before the Court on Plaintiff's Motion to Disqualify Certain Defense Counsel as Material Witnesses [DE 16] filed by Plaintiff Jose Andrade on…
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Sanctions — Good Quotes — FRAP 38 Not Invoked Lightly — No Sanctions for Choosing to Fight Uphill Battle — Losing ON Merits ≠ Utterly WITHOUT Merit — Unlikely to Succeed, Deferential Std. of Review Not Enough

Dolin v. GlaxoSmithKline LLC, 2020 U.S. App. LEXIS 7063 (7th Cir. Mar. 6, 2020): This appeal presents two questions: first, whether we should reopen our court's prior judgment in this case, see Dolin v. GlaxoSmithKline LLC, 901 F.3d 803 …
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RICO: §1965(b), Not ’65(d), Governs Personal Jurisdiction (Circuit Split) — What Are the Ends of Justice within ’65 (b)? (Circuit Split) — Not Merely Suffering Harm in Forum — [Is Hub & Spoke Enterprise Viable?]

Laurel Gardens, LLC v. McKenna, 2020 WL 202215 (3d Cir. Jan. 14, 2020): *1 Plaintiffs, Laurel Gardens, LLC (“LG”), American Winter Services, LLC (“AWS”), Laurel Garden Holdings, LLC (“LGH”), LGSM, GP (“LGSM”), and Charles P. Gaudioso, appeal from the order…
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Recusal—28 U.S.C. §144 vs. §455 (w/Text): Different Procedures, Same Standards — DQ: Only Past, Present Client Has Standing to Seek Disqualification — Pleadings of Conflicted Counsel Not Void — Clerk Must Initiate Default Judgment (R. 55)

Joseph v. City of San Jose, 2020 U.S. Dist. LEXIS 37611 (N.D. Cal. Mar. 3, 2020): ORDER DENYING MOTION TO RECUSE; DENYING MOTION FOR DISQUALIFICATION; DENYING MOTION FOR DEFAULT JUDGMENT; GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS; …
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Post-Judgment Inherent Power Sanctions against Party Not Subject to Personal Jurisdiction (PJD) OK — Is Defaulting Sanctionable? — Interactive Website As Basis for PJD: Factors — Purposeful Direction Still Needed

Fidrych v. Marriott Int'l, 2020 U.S. App. LEXIS 6477 (4th Cir. Mar. 2, 2020): Bud Fidrych and his wife, both South Carolina residents, sued Marriott International in South Carolina district court after Fidrych was injured at the Boscolo Milano, a …
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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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