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

Fugitive Disentitlement Doctrine Applies in Civil Cases & to Appeals But Must Be Based on Misconduct in Instant Case Not Frustrating Another Court’s Jurisdiction, Judgment — Bankruptcy Automatic Stay Applies to Sanctions, Contempt

Kupperstein v. Schall (In re Kupperstein), 2019 WL 6044091 (1st Cir. Nov. 15, 2019): PREFACE *1 Five years ago, Thomas Sheedy bought Carol Thibodeau’s house for a pittance and gave it to appellant Donald Kupperstein, an attorney licensed in Massachusetts. …
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Social Media Photographs — Authentication Depends on Proffer — If Offered for Identification, Only Fair & Accurate Portrayal Test — To Link Person to Photo for Other Purposes, Link Person to Page

Commonwealth v. Ford, 2019 Pa. Super. Unpub. LEXIS 3598 (Pa. Super. Ct. Sept. 23, 2019) (non-precedential): Raheem B. Ford appeals from the July 18, 2018 judgment of sentence entered by the Court of Common Pleas of Philadelphia County following his …
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Appealability of Attorney Criticism Absent Sanctions — Good Discussion of Spectrum — Actual Finding of Prof’l Misconduct Appealable — Warning Given in Denying Sanctions Not, Nor Is Referral to Disciplinary Comm. without Finding of Misconduct

Montalto v. Miss. Dept. of Corrections, 2019 WL 4296699 (5th Cir. Sept. 11, 2019): *1 Mississippi inmate Stephen Montalto filed a § 2254 petition for habeas relief seeking reinstatement of his earned-release supervision (ERS) and trusty time. Montalto alleged that…
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Inherent Power: Court Should Fashion Sanction That Is “Direct Response to the Harm” — Defiance of Court Order = Bad Faith — Court Need Not Use “Magic Words ‘Bad Faith’” (Good Quotes) — $7,000 Sanction for Ignoring Order to Pay $700 OK

Ibezim v. George Grp., Inc., 2019 WL 4668135 (11th Cir. Sept. 25, 2019) (unpublished): *1 This is a fight over fees. The appellant Michael Ibezim sued The GEO Group, Inc., his former employer, for employment discrimination. He lost. But before…
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Rule 11 Sanctions for Factually Misleading Complaint That Failed to Attach or Fully Explain Terms of Contract on Which It Relied — Compensatory Attorney’s Fees Appropriate Regardless of Receipient’s Indemnification by Third Party

Superior Consulting Servs., Inc.v. Steeves-Kiss, 2019 WL 4318903 (9th Cir. Sept. 12, 2019): MEMORANDUM* Superior Consulting Services (“Superior”) appeals the district court’s dismissal with prejudice of its First Amended Complaint for common law unfair competition and conversion, as well as…
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Rule 11 Sanctions: Error to Award Attorney’s Fees Sua Sponte Or to Issue Any Sanction on Withdrawn Claim — Can’t Seek Leave to Amend after Judgment Entered without Also Moving to Set Aside Judgment

Wolfington v. Reconstructive Ortho. Assocs. II PC, 2019 US App Lexis 24770 (3d Cir. Aug. 20, 2019): This is an appeal from the District Court's entry of judgment on the pleadings against appellant-plaintiff Andrew Wolfington on his claim under the …
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RICO Statute of Limitations Not Tolled by Defendants’ Refusal to Concede (& Allegedly Lying about) Misconduct — No Equitable Tolling If Plaintiff in Fact Aware of Misconduct

Bernegger v. Dep't of Revenue, 2019 U.S. App. LEXIS 26395 (5th Cir. Aug. 30, 2019) (unpublished): PER CURIAM:* Peter Bernegger challenges the dismissal of his claims against two Mississippi Department of Revenue employees in their individual capacities. Because…
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Specific Personal Jurisdiction Is Claim-Specific — First-to-File Rule (Factors) and Anticipatory Declaratory Judgment Exception — DJ Actions (Factors As to Appropriateness)

J.M. Smucker Co. v. Promotion in Motion, Inc., 2019 U.S. Dist. LEXIS 193896 (N.D. Ohio Nov. 7, 2019): Currently pending is Defendant Promotion in Motion's Motion to Dismiss Amended Complaint. (Doc. No. 14.) Plaintiff J.M. Smucker Company filed a Brief…
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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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