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

Rule 11—Where Detailed SJ Opinion Puts Plaintiff on Notice of Legal Deficiency of Claim, Fact Leave to Appeal Granted Doesn’t Preclude Sanctions for Filing Amended Complaint without Addressing Deficiency — FRAP 38 Sanctions for Same on Appeal

Debeikes v. Hawaiian Airlines, Inc., 2018 WL 991377 (9th Cir. Feb. 21, 2018): MEMORANDUM** *1 Matthew J. Debeikes appeals from the district court’s grant of summary judgment and challenges its denial of his request to reopen discovery. He also, along wit ...
Debeikes v. Hawaiian Airlines, Inc., 2018 WL 991377 (9th Cir. Feb. 21, 2018): MEMORANDUM** *1 Matthew J. Debeikes appeals from the district court’s grant of summary judgment and challenges its denial of his request to reopen discovery. He also,…
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RICO: Pari Delicto Defense—Factors—Bars Claim by Plaintiffs Who Participated in Scheme to Prescribe Them Opioids Illegally— Analogous Wrongful Conduct Doctrine (N.M.) Bars State Law Claims

Inge v. McClelland, 2018 WL 985740 (10th Cir. Feb. 20, 2018): *1 Elizabeth and Johnny Inge appeal the district court’s dismissal of their claims against Robert McClelland, III, a pharmacist licensed in New Mexico who dispensed opioids and other narcotics to them for over a year. Exercising jurisdiction under
Inge v. McClelland, 2018 WL 985740 (10th Cir. Feb. 20, 2018): *1 Elizabeth and Johnny Inge appeal the district court’s dismissal of their claims against Robert McClelland, III, a pharmacist licensed in New Mexico who dispensed opioids and other narcotics…
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Texts Authenticated by Fact Phone Was on Def or in Car He Was in, Incoming Texts Use His Name, Outgoing Gives His Home Phone, Car Had Drugs & Texts Mentioned Drugs — Offer to Buy Not Hearsay — Photos Auth’d by Contents, Phone Calls by Whom You Called

Texts Authenticated by Fact Phone Was Found on Def or in Car He Was in, Incoming Texts Addressed to Him, Outgoing Text Gave His Home Phone, Car Had Drugs & Texts Mentioned Drugs — Authentication of Photos by Contents, Phone Calls by Whom You Called State v. Davenport, 2017 Ariz. App. Unpub. LEXIS 1962 (Ariz. Ct. App. Dec. 20, 20 ...
Texts Authenticated by Fact Phone Was Found on Def or in Car He Was in, Incoming Texts Addressed to Him, Outgoing Text Gave His Home Phone, Car Had Drugs & Texts Mentioned Drugs — Authentication of Photos by Contents, Phone …
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Rule 37 Sanctions: Where “Discovery … Was Protracted, Contentious, and Difficult” (Good Quote) But Party Ultimately Received What It Sought, No Abuse of Discretion to Deny Sanctions

Securiforce Int’l Am., LLC v. United States, 2018 U.S. App. LEXIS 1073 (Fed. Cir. Jan. 17, 2018): Securiforce International America, LLC ("Securiforce"), a government contractor, filed suit in the Court of Federal Claims ("Claims Court") under the Tucker Act, 28 U.S.C. § 1491, and the Contract Disputes ...
Securiforce Int’l Am., LLC v. United States, 2018 U.S. App. LEXIS 1073 (Fed. Cir. Jan. 17, 2018): Securiforce International America, LLC ("Securiforce"), a government contractor, filed suit in the Court of Federal Claims ("Claims Court") under the Tucker Act, 28…
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RICO — Each Check Deposited in a Kiting Scheme Is a Separate Fraud — Kiting Scheme Is Related to Underlying Fraud It Is Used to Disguise — SJ Must Be Warranted on Facts Even If Default — No Response to Statement of Undisputed Facts Admits It

Liberty Bell Bank v. Rogers, 2018 WL 834197 (3d Cir. Feb. 13, 2018): OPINION* PER CURIAM *1 Appellant Luis G. Rogers appeals from the District Court’s orders granting Appellee Liberty Bell Bank’s motion for summary judgment and awarding more than ten million dollars in damages. For the fol ...
Liberty Bell Bank v. Rogers, 2018 WL 834197 (3d Cir. Feb. 13, 2018): OPINION* PER CURIAM *1 Appellant Luis G. Rogers appeals from the District Court’s orders granting Appellee Liberty Bell Bank’s motion for summary judgment and awarding more than…
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Facebook Messages Authenticated by Unique Speaking Style, Content, Context (Series of Messages), Fact Messages Started Only After Recipient Agreed to Join Sender’s Plan to Lie to Police — Fact Someone Else Could Have Sent Them Is for Jury

State v. Smith, 2018 Conn. App. LEXIS 70 (Conn. Ct. App. Feb. 20, 2018): In these consolidated appeals, the defendant, Brian J. Smith, appeals from the judgments of conviction, rendered following a jury trial, of operating [*7]  a motor vehicle while under the influence of intoxicating liquor or any drug in violati ...
State v. Smith, 2018 Conn. App. LEXIS 70 (Conn. Ct. App. Feb. 20, 2018): In these consolidated appeals, the defendant, Brian J. Smith, appeals from the judgments of conviction, rendered following a jury trial, of operating [*7]  a motor vehicle …
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Rule 41(d) Costs (Awardable If Plaintiff Who Voluntarily Dismissed Refiles) Only Include Attorney’s Fees If the Underlying Statute Forming the Basis of the Suit Authorizes Them — 3 Way Circuit Split — Argument in Footnote Not Preserved for Appeal

Garza v. Citigroup Inc., 2018 WL 671133 (3d Cir. Feb. 2, 2018): *1 Under
Garza v. Citigroup Inc., 2018 WL 671133 (3d Cir. Feb. 2, 2018): *1 Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action and files a second action against the …
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Rule 11 Sanctions — Vexatious Litigant Injunction Barring New Suit Against Defendants Until Sanction Paid — Due Process Satisfied by Order to Show Cause and Opportunity to Be Heard — Hearing Not Required — Meaning of Abuse of Discretion (6th Cir.)

Abe v. Mich. St. Univ. Bd. of Trustees, 2018 U.S. App. LEXIS 128 (6th Cir. Jan. 3, 2018): ORDER Babashola Abe, a Michigan resident proceeding pro se, appeals the district court's judgment dismissing his civil complaint, purportedly filed pursuant to
Abe v. Mich. St. Univ. Bd. of Trustees, 2018 U.S. App. LEXIS 128 (6th Cir. Jan. 3, 2018): ORDER Babashola Abe, a Michigan resident proceeding pro se, appeals the district court's judgment dismissing his civil complaint, purportedly filed pursuant to…
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Dismissal Without Prejudice Appealable If Plaintiff Effectively Out of Fed Court — 41(b) Dismissal Factors (10th Cir.) Not Apt If W/o Prejudice — Informal Minute Order Supports 41(b) Dismissal for Non-Compliance—Limits on Solicitude for Pro Ses

Black v. Larimer Cty., 2018 U.S. App. LEXIS 90 (10th Cir. Jan. 3, 2018): ORDER AND JUDGMENT* On April 17, 2014, Larimer County, Colorado (the County) hired Melissa Black to perform seasonal work as a restroom custodian in its parks department. She alleges ...
Black v. Larimer Cty., 2018 U.S. App. LEXIS 90 (10th Cir. Jan. 3, 2018): ORDER AND JUDGMENT* On April 17, 2014, Larimer County, Colorado (the County) hired Melissa Black to perform seasonal work as a restroom custodian in its…
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Spoliation: Burden of Proof — Movant Must Establish That Target Destroyed Evidence While on Notice That the Evidence Were Potentially Relevant to the Dispute

Harfouche v. Wehbe, 2017 U.S. App. LEXIS 24401 (9th Cir. Dec. 1, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Appellant Elie Harfouche appeals the district court's orders granting Haifa Wehbe's motion for sum ...
Harfouche v. Wehbe, 2017 U.S. App. LEXIS 24401 (9th Cir. Dec. 1, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Appellant Elie Harfouche appeals the district court's…
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Recent Posts

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

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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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