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

RICO Pattern: Plaintiff Can’t Fragment One Act into Many (Via Mail Fraud) to Invoke RICO — After 3 Bites at Apple, OK to Deny Leave to Amend (Good Quotes) — Appeal from Reconsideration W/ONew Facts Reviewed as Appeal from Judgment

. Biwen Liang v. Home Reno Concepts, 2020 U.S. App. LEXIS 4805 (2d Cir. Feb. 14, 2020) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED.…
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Inherent Power Sanctions OK for Prelitigation Misconduct Relating to Bringing, Maintaining, or Defending the Suit, and Which Undermines Integrity of Judicial Process — Dismissal Factors (5th Cir.) — Hearing on Reconsideration Satisfies Due Process

Snider v. L-3 Commc’ns Vertex Aerospace, LLC, 2019 WL 7344908 (5th Cir. Dec. 31, 2019): *1 This suit was initiated when Courtney Paine Snider filed a complaint under Title VII of the Equal Rights Act of 1964 (Title VII)1…
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RICO: 2 Years Necessary, Not Sufficient for Closed-End Continuity (2d Cir.); Factors — Mail, Wire Fraud “Particularly Scrutinized” (Good Quote) — 2 Types of Open-Ended: Inherently Unlawful Or Non-Conclusory Regular Way of Doing Business

Grace Int'l Assembly of God v. Festa, 2019 U.S. App. LEXIS 38777 (2d Cir. Dec. 30, 2019) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-Appellant Grace…
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Inherent Power Sanctions: Court Lacks Authority to Ignore Statute to Punish Executive Branch Conduct, Cannot Use Sanction to Grant or Explain Grant of Order Precluded by Statute

Hamama v. Adducci, 2020 WL 39020 (6th Cir. Jan. 3, 2020): *1 Last time around, we held that Congress removed jurisdiction from the district courts to enter class-wide injunctions restraining the enforcement of the following immigration statutes: 8 U.S.C. §§ …
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Rooker-Feldman Applies to State-Court Loser Injured by State-Court Judgment: That Is A Narrow Situation, So Narrow The S.Ct. Has Applied It Just Twice in A Century … So Far Just to People Named Rooker or Feldman (Good Quote)

*1 A lawyer sued two lawyers, and each side hired more lawyers. Five years later, after “Stalingrad litigation” tactics, discovery sanctions, and dueling allegations of professional misconduct, we are left with $3,662 in damages and roughly $180,000 in attorney’s fees. …
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YouTube Videos: Authenticity of Account, Ownership Irrelevant — Questions re Date Posted, Etc., Go Only to Weight — Fair & Accurate Portrayal Test — Comprehensive Collection of YouTube Authenticity Case Law

State v. Javon Jolarry Spivey, 2020 Tenn. Crim. App. LEXIS 74 (Tenn. Ct. App. Feb. 7, 2020): A Davidson County Criminal Court Jury convicted the Appellant, Javon Jolarry Spivey, of first degree premeditated murder, felony murder, attempted first degree murder,…
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Arbitration Award Not Reviewable for Legal or Factual Errors, Only FAA §10(a) Grounds — Vacatur for Exceeding Powers Requires Decision on Unsubmitted Issue Or Irrational Award — Meaning of Manifest Disregard, If It Survives

PNY Techs. v. Netac Tech. Co., 2020 U.S. App. LEXIS 4003 (10th Cir. Feb. 10, 2020): *** "On appeal from a district court's ruling on a motion to confirm or vacate an arbitration [*4]  award, we review its legal conclusions…
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Judicial Notice of Internet Evidence: 12(b)(6) Motion: While Doctrine of Completeness Applies to Docs Fraud Claims Are ”Based On”, It Doesn’t Apply If Doc. Merely Cited in Complaint — No Notice of Def. Corp’s Own Website

Sturgeon v. Pharmerica Corp., 2020 U.S. Dist. LEXIS 21935, 2020 WL 586978 (E.D. Pa. Feb. 5, 2020) (note: a different portion of this Opinion is excerpted in our Feb. 10, 2020 post): Relators Lena Sturgeon, Anthony Ferrante, Anthony Sciole,…
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Judicial Notice of Internet Evidence: Info on Government Website Is Self-Authenticating, Subject to Judicial Notice — On 12(b)(6) Motion, Notice Taken Only for Existence, Not Truth, to Avoid Barring Proof on Central Issue

Sturgeon v. Pharmerica Corp., 2020 U.S. Dist. LEXIS 21935, 2020 WL 586978 (E.D. Pa. Feb. 5, 2020): *** B. Administrative Reports Courts may also take judicial notice of “records and reports of administrative bodies.”69 PharMerica requests judicial notice…
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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

Archives
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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