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

Complex Lit Blog

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

PS Prods. Inc. v. Panther Trading Co. Inc., 122 F.4th 893 (Fed. Cir. Dec. 6, 2024): PS Product ...
PS Prods. Inc. v. Panther Trading Co. Inc., 122 F.4th 893 (Fed. Cir. Dec. 6, 2024): PS Products, Inc. and Mr. Billy Pennington (collectively, PSP) appeal an order of the United States District Court for the Eastern District of…
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FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

Clarke v. Pollan, 2024 U.S. App. LEXIS 32955 (6th Cir. Dec. 30, 2024) ORDER PER CURIAM. In rejecting Diana Clarke's appeal in this case, we noted how Clarke's counsel, Bruce H. Wilson, repeatedly failed to recognize the relevant legal ...
Clarke v. Pollan, 2024 U.S. App. LEXIS 32955 (6th Cir. Dec. 30, 2024) ORDER PER CURIAM. In rejecting Diana Clarke’s appeal in this case, we noted how Clarke’s counsel, Bruce H. Wilson, repeatedly failed to recognize the relevant legal standards…
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RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

Rives v. Univ. of Tenn., 2024 WL 5103829 (6th Cir. Dec. 13, 2024): When Dyllan Rives’s dog Hickory fell ill, she took him to the University of Tennessee’s pet hospital. Over two months, Dyllan and her father James Rives spent more than $75,000 on Hickory’s treatment. Despite their efforts, Hickory did not survive his illness. Frustrated by the outcome and high cost of Hick ...
Rives v. Univ. of Tenn., 2024 WL 5103829 (6th Cir. Dec. 13, 2024): When Dyllan Rives’s dog Hickory fell ill, she took him to the University of Tennessee’s pet hospital. Over two months, Dyllan and her father James Rives spent…
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RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Humana, Inc. v. Indivior, Inc., 2022 WL 17718342 (3d Cir. Dec. 15, 2022) (unpublished): OPINION* *1 Humana, Inc., and Centene Corporation (Insurers) are health benefit program insurers that provide their members with insurance to cover prescription drug costs. They maintain approved ...
Humana, Inc. v. Indivior, Inc., 2022 WL 17718342 (3d Cir. Dec. 15, 2022) (unpublished): OPINION* *1 Humana, Inc., and Centene Corporation (Insurers) are health benefit program insurers that provide their members with insurance to cover prescription drug costs.…
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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

Eberhardt v. Walsh, 2024 U.S. App. LEXIS 30685 (7th Cir. Dec. 5, 2024): In this appeal, Attorn ...
Eberhardt v. Walsh, 2024 U.S. App. LEXIS 30685 (7th Cir. Dec. 5, 2024): In this appeal, Attorney Stephen Eberhardt challenges the district court’s decision to sanction him under Rule 11 of the Federal Rules of Civil Procedure and its denial…
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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

Glassie v. Doucette, 55 F.4th 58 (1st Cir. 2022): *62 This case arises out of a prolonged and acrimonious family dispute over the property of the late hotelier Donelson Glassie, whose estate remains in probate in Rhode Island eleven years after his death. The question here is whether plaintiff has managed to drag the federal courts into the fray. For the ...
Glassie v. Doucette, 55 F.4th 58 (1st Cir. 2022): *62 This case arises out of a prolonged and acrimonious family dispute over the property of the late hotelier Donelson Glassie, whose estate remains in probate in Rhode Island eleven years …
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RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Laydon v. Cooperative Rabobank U.A, 55 F.4th 86 (2d Cir. 2022): Plaintiff Jeffrey Laydon brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR. He claimed that he was injured after purchasing and trading a Euroyen TIBOR futures contract o ...
Laydon v. Cooperative Rabobank U.A, 55 F.4th 86 (2d Cir. 2022): Plaintiff Jeffrey Laydon brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR.…
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Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

Dial HD, Inc. v. Clearone Commc'ns, Inc., 2024 U.S. App. LEXIS 30172 (11th Cir. Nov. 27, 2024) (unpub ...
Dial HD, Inc. v. Clearone Commc’ns, Inc., 2024 U.S. App. LEXIS 30172 (11th Cir. Nov. 27, 2024) (unpublished): PER CURIAM: *1 Donald Bowers, the chief executive officer (“CEO”) of Dial HD, Inc., appeals the district court’s denial of his motion…
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The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

Surowitz v. Pontiac, 374 Mich. 597, 606 (1965): The word "include" has been used many times in the past both as a term of enlargement and of limitation, and the word of and by itself cannot determine intent to the exclusion of all other words to which it refers.   ...
Surowitz v. Pontiac, 374 Mich. 597, 606 (1965): The word “include” has been used many times in the past both as a term of enlargement and of limitation, and the word of and by itself cannot determine intent to the…
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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

Douglas v. Hirshon, 63 F.4th 49 (1st Cir. 2023): Joel Douglas, Steven Fowler, and James Lewis sued twenty-six defendants, alleging several interrelated schemes to defraud the plaintiffs of real estate in Maine. Among other claims, the complaint asserts that, in connection with these schemes, a subset of the defendants participated in a conspiracy in violation of the
Douglas v. Hirshon, 63 F.4th 49 (1st Cir. 2023): Joel Douglas, Steven Fowler, and James Lewis sued twenty-six defendants, alleging several interrelated schemes to defraud the plaintiffs of real estate in Maine. Among other claims, the complaint asserts that, in …
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Recent Posts

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

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

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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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