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 Sanctions: Specific Finding of Conduct Tantamount to Bad Faith Mandatory — Circumstances in Which Post-Judgment Injunction Barring Asset Transfer May Enter

Smagin v. Yegiazaryan, 2018 WL 2275269 (9th Cir. May 18, 2018) (unpublished) (note:  this opinion has been amended -- see our post of August 25, 2018): MEMORANDUM** *1 In an arbitration between Vitaly Smagin and Ashot Yegiazaryan, the Lon ...
Smagin v. Yegiazaryan, 2018 WL 2275269 (9th Cir. May 18, 2018) (unpublished) (note:  this opinion has been amended — see our post of August 25, 2018): MEMORANDUM** *1 In an arbitration between Vitaly Smagin and Ashot Yegiazaryan, the London …
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Rule 41(b) Dismissal — 4 Factors (6th Circuit) — — Absent Bad Faith, Failure to Comply with Order May Be Insufficient Unless Warning Puts Party on Notice That Further Noncompliance Will Result in Dismissal

Harris v. Davidson Cty. Sheriff, 2018 U.S. App. LEXIS 10587 (6th Cir. Apr. 25, 2018): Vaughn Harris, a Tennessee pretrial detainee proceeding pro se, appeals the district court's judgment ...
Harris v. Davidson Cty. Sheriff, 2018 U.S. App. LEXIS 10587 (6th Cir. Apr. 25, 2018): Vaughn Harris, a Tennessee pretrial detainee proceeding pro se, appeals the district court's judgment dismissing his civil rights action pursuant to Federal Rule of …
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RICO: Whistleblower Fired for Reporting RICO Violation Lacks Standing Because Injury Is Not Directly Caused by the Violation But by the Decision to Fire Her

Arroyo v. Oprona, Inc., 2018 WL 2448785 (5th Cir. May 31, 2018): ON PETITION FOR REHEARING PER CURIAM:* *1 The petition for panel rehearing is GRANTED. The panel opinion,
Arroyo v. Oprona, Inc., 2018 WL 2448785 (5th Cir. May 31, 2018): ON PETITION FOR REHEARING PER CURIAM:* *1 The petition for panel rehearing is GRANTED. The panel opinion, Arroyo v. Oprona, Inc., No. 17-20576 (5th Cir. 2018) is WITHDRAWN,…
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Rule 41(b) Dismissal — 4 Factors (6th Circuit) — While Consideration or Prior Imposition of Lesser Sanctions Is a Factor, Circuit “Is Loathe to Require District Court to Incant a Litany of Available Lesser Sanctions” Before Dismissing (Good Quote)

Feldman v. Hamilton Cty. Job & Family Servs., 2018 U.S. App. LEXIS 8755 (6th Cir. Apr. 5, 2018): Brett and Nicole Feldman, Ohio residents proceeding pro se, appeal the district court's judgment dismissing ...
Feldman v. Hamilton Cty. Job & Family Servs., 2018 U.S. App. LEXIS 8755 (6th Cir. Apr. 5, 2018): Brett and Nicole Feldman, Ohio residents proceeding pro se, appeal the district court's judgment dismissing their complaint pursuant to Federal Rule …
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Work Product Protection Cannot Be Asserted over Material Prepared at Least in Part for Party Seeking to Waive Protection — Good Quote on Party Asking Ct. App. to Substitute Implicit Finding for Express Finding

Blattman v. Scaramellino, 2018 U.S. App. LEXIS 14252 (1st Cir. May 17, 2018): This appeal arises out of a civil action brought in federal court in Delaware concerning a corporate merg ...
Blattman v. Scaramellino, 2018 U.S. App. LEXIS 14252 (1st Cir. May 17, 2018): This appeal arises out of a civil action brought in federal court in Delaware concerning a corporate merger between Efficiency 2.0 LLC ("E2.0") and C3, Inc. …
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Does the Wayback Machine Make It Impossible for Some Copyright Offenders to Cease Infringing Because the Offending Version of a Website Is Perpetually Preserved and Accessible?

Bell v. Hess, 2018 U.S. Dist. LEXIS 38595 (S.D. Ind. Mar. 9, 2018): This matter is before the Court on Defendant Jay L. Hess' ("Hess") Motion for Judgment on the Pleadings filed pursuant to
Bell v. Hess, 2018 U.S. Dist. LEXIS 38595 (S.D. Ind. Mar. 9, 2018): This matter is before the Court on Defendant Jay L. Hess' ("Hess") Motion for Judgment on the Pleadings filed pursuant to Federal Rule of Civil Procedure 12(c)…
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Judicial Notice of Internet Evidence: Party’s Website OK on 12(b)(6) Motion If Website’s Authenticity Is Not In Dispute & It Is Capable of Accurate and Ready Determination

Universal Attractions, Inc. v. Live Nation Entm't, Inc., 2018 U.S. Dist. LEXIS 23578 (S.D.N.Y. Feb. 12, 2018): Plaintiff Universal Attractions, Inc. ("Universal") brings ...
Universal Attractions, Inc. v. Live Nation Entm't, Inc., 2018 U.S. Dist. LEXIS 23578 (S.D.N.Y. Feb. 12, 2018): Plaintiff Universal Attractions, Inc. ("Universal") brings this action against Defendants Live Nation Entertainment, Inc. ("Live Nation") and Ticketmaster LLC ("Ticketmaster"), alleging false …
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Appeals Courts Decline to Create Circuit Split unless There Is a Compelling Reason to Do So, Especially When Rule/Statute Is Best Applied Uniformly (Good Quote) — Here, Compelling Reasons for Split

Padilla-Ramirez v. Bible, 2018 U.S. App. LEXIS 3602 (9th Cir. Feb. 15, 2018): As a general rule, "we decline to create a circuit split unless there is a compelling reason to do so ...
Padilla-Ramirez v. Bible, 2018 U.S. App. LEXIS 3602 (9th Cir. Feb. 15, 2018): As a general rule, "we decline to create a circuit split unless there is a compelling reason to do so." Kelton Arms Condo. Owners Ass'n, …
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Rule 37 Sanctions: “When a Party Demonstrates a Flagrant Disregard for the Court and the Discovery Process[,] Dismissal Is not an Abuse of Discretion” (Good Quote) — Appeals: Court Will Not Consider Matters Raised for the First Time on Reply

Fountain v. United States, 2018 U.S. App. LEXIS 5452 (11th Cir. Feb. 28, 2018): PER CURIAM: Maria Fountain, proceeding pro se, filed a Federal Tort Claims Act lawsuit against the ...
Fountain v. United States, 2018 U.S. App. LEXIS 5452 (11th Cir. Feb. 28, 2018): PER CURIAM: Maria Fountain, proceeding pro se, filed a Federal Tort Claims Act lawsuit against the government but failed to attend a court-ordered deposition.…
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May a Pro Se Litigant Be Sanctioned under 28 U.S.C. § 1927? — Case Law Split — Counsel for Opposing Party Ethically Must Disclose Adverse Authority to the Court

Phillips v. Austin Diagnostic Surgery Ctr., 2018 U.S. Dist. LEXIS 33329 (W.D. Tex. Mar. 1, 2018): ORDER BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Austin Diagnostic (Austin Diagnostic) Clinic Association (Austin Diagnostic)'s
Phillips v. Austin Diagnostic Surgery Ctr., 2018 U.S. Dist. LEXIS 33329 (W.D. Tex. Mar. 1, 2018): ORDER BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Austin Diagnostic (Austin Diagnostic) Clinic…
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Recent Posts

InfoDeli, LLC v. W. Robidoux, Inc., 2025 U.S. App. LEXIS 10756 (8th Cir. May 5, 2025): “Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

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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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