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

Party Can’t Name Judge as Witness, Cite to His or Her Rulings in Party’s Prior Cases to Force Recusal — Rulings Almost Never Support §455 Recusal — Parties Can’t Create Basis to Recuse by Their Own Acts (Good Quotes)

Partain v. City of S. Padre Island, 2019 U.S. App. LEXIS 36309 (5th Cir. Dec. 6, 2019) (unpublished): PER CURIAM:* Johnny Ray Partain sued Dennis Stahl, Anna Stahl, Victor Carranza, and the City of South Padre Island, bringing 42 …
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Appeals: Exercising Jurisdiction over Orders Not Specified in Notice of Appeal (Factors) — Notice Construed Liberally — Error to Dismiss As Sanction in Third Circuit without Considering Poulis Factors

Hammond v. Lancaster City Bur. of Police, 2020 WL 91265 (3d Cir. Jan. 2, 2020) (unpublished): PER CURIAM *1 Khalil Hammond appeals from a number of orders of the United States District Court for the Eastern District of Pennsylvania. We…
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Supreme Court: Bankruptcy Court’s Grant or Denial of Request for Relief from Automatic Stay = Final Order, Must Be Appealed within 14 Days — Appealability Likened to Dismissal on Personal Jurisdiction, Improper Venue & Forum Non Conveniens Grounds

Ritzen Grp., Inc. v. Jackson Masonry, LLC, 2020 U.S. LEXIS 526, 2020 WL 20102 (S.Ct. Jan. 14, 2020): Under the Bankruptcy Code, filing a petition for bankruptcy automatically “operates as a stay” of creditors’ debt-collection efforts outside the umbrella…
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Theory Abandoned at Summary Judgment Cannot Be Revisited on Appeal — Sanctions: If Rule 37(c)(1) Exclusion Is Tantamount to Dismissal, Court Must Find Willfulness, Fault Or Bad Faith (9th Cir.)

Silvia v. MCI Communs. Servs., 2019 U.S. App. LEXIS 36426 (9th Cir. Dec. 9, 2019) (unpublished): MEMORANDUM* Debbie Silvia appeals from the district court's summary judgment in favor of MCI Communications Services, Inc., Verizon Business Network Services, Inc., and…
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Social Media Photo Subject to Traditional Authentication [901] — Once Photo Admissible to Show Gang Membership, Caption Corroborating That Not Offered for Truth But for Fact Statement Was Made, Thus Not Hearsay

People v. Thomas, 2019 Cal. App. Unpub. LEXIS 8244 (Cal. Ct. App. Dec. 11, 2019) (unpublished): Defendant Byran Antoine Thomas attended a birthday party on March 21, 2014. He shot and killed one of the other partygoers, who was a…
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Disqualification — Where Lawyer in Firm A Is Adverse to Firm B, Solicits & Obtains Offer from Firm B Which Is Immediately Withdrawn Because Conflict Exposed, Lawyer Was Never “Associated” With Firm B, Firm B Not Disqualified

Hinker v. County of Cape May, 2020 U.S. Dist. LEXIS 6517 (D.N.J. Jan. 13, 2020): This matter having come before the Court upon the Motion [Docket Number 15] by Plaintiffs, Jonathan and Jacqueline Hinker, for an Order disqualifying the law …
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Sanctions: Due Process (DP): Notice Against Firm ≠ Notice Against Lawyers — 1st Mention in Reply Brief Denies Ability to Respond — DP Reviewed De Novo — Can Firm Be Sanctioned under 26(g)(3) or 37(b)(2)(C)?

KCI USA, Inc. v. Healthcare Essentials, Inc., 2020 U.S. App. LEXIS 1616 (6th Cir. Jan. 16, 2020) (unpublished): One thing is certain: discovery abuses by the defendants infected this case—seemingly beyond repair, leading to a default judgment against the defendants …
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RICO: Possibility That Third-Party Payor Was Derivatively Harmed by Statements Pharma Co. Made to Doctors or Patients Doesn’t Support RICO Liability — MDL Court’s Dismissal Order in Unconsolidated Case Is Immediately Appearlable

Med. Mut. of Ohio v. AbbVie Inc., 2019 WL 5887194 (7th Cir. Nov. 12, 2019) (unpublished): *1 Medical Mutual of Ohio contends in this suit under the civil-liability section of the Racketeer Influenced and Corrupt Organizations Act (RICO…
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When Bankruptcy Courts May Decline to Enforce Arbitration Clauses: 2 Requirements — Under Rule of Orderliness, One Panel Can’t Overrule Another Absent Unequivocal Decision of Supreme Court or Circuit En Banc

In re Henry, 2019 U.S. App. LEXIS 37127 (5th Cir. Dec. 16, 2019): PER CURIAM: The opinion previously filed in this case is withdrawn and the following is substituted. Years after Stephanie Marie Henry took out a student loan, she …
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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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