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

Arbitration: Appeals Court Has Jurisdiction under FAA § 16 When District Court Couples Vacatur of Award (Always Appealable) with Remand for New Arbitration — Arbitrator Exceeds Powers under § 10(a)(4) Only When Award Is Completely Irrational

Sanchez v. Elizondo, 2018 U.S. App. LEXIS 367, 2018 WL 297352 (9th Cir. Jan. 5, 2018): Defendant-Appellant Robert Elizondo appeals the district court's order vacating his arbitration award and remanding for further proceedings. Elizondo was awarded $75,000 in damages (the Award) in the parties' arbitration, which Elizondo init ...
Sanchez v. Elizondo, 2018 U.S. App. LEXIS 367, 2018 WL 297352 (9th Cir. Jan. 5, 2018): Defendant-Appellant Robert Elizondo appeals the district court's order vacating his arbitration award and remanding for further proceedings. Elizondo was awarded $75,000 in damages (the…
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Sanctions: Party Who Refuses to Pay Arbitration Award Presumptively Should Be Ordered to Pay in Addition the Other Side’s Fees in Enforcing the Award And His/Her Lawyers May Be Sanctioned under § 1927.

Hyatt Franchising, L.L.C. v. Shen Zhen New World I, LLC, 2018 U.S. App. LEXIS 813 (7th Cir. Jan. 12, 2018): Our first decision in this appeal affirmed a judgment enforcing an arbitrator's award of approximately $9 million against Shen Zhen.
Hyatt Franchising, L.L.C. v. Shen Zhen New World I, LLC, 2018 U.S. App. LEXIS 813 (7th Cir. Jan. 12, 2018): Our first decision in this appeal affirmed a judgment enforcing an arbitrator's award of approximately $9 million against Shen Zhen.…
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CAFA: Motion to Consolidate State Court Suits for Trial Creates a Removable Mass Action — CAFA Jurisdiction May Be Invoked Even If One of the Underlying Suits Was Commenced Pre-CAFA Enactment

Lester v. Exxon Mobil Corp., 2018 U.S. App. LEXIS 547 (5th Cir. Jan. 9, 2018): ExxonMobil Oil Corporation removed the underlying suits as a "mass action" pursuant to the Class Action Fairness Act of 2005.1 The consolidated interlocutory appeals of Warren Lester, et al ...
Lester v. Exxon Mobil Corp., 2018 U.S. App. LEXIS 547 (5th Cir. Jan. 9, 2018): ExxonMobil Oil Corporation removed the underlying suits as a "mass action" pursuant to the Class Action Fairness Act of 2005.1 The consolidated interlocutory appeals…
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Sanctions: Bankruptcy R. 9011’s Safe Harbor Exception for Filing Frivolous Petition Applies Only to the Filer, Not to Lawyer Influencing the Filing — § 1927 Doesn’t Apply to Negligence But Could Reach Unqualified Lawyer Taking on Complex Bkcy

In re Blasingame (Church Joint Venture, LP v. Grusin), 2018 U.S. App. LEXIS 216 (6th Cir. Jan 4, 2018): This appeal arises from a judgment entered by the Sixth Circuit Bankruptcy Appellate Panel ("Panel") on November 7, 2016, vacating sanctions imposed against Appellee Martin Grusin by the U.S. Bankruptcy Court for the Weste ...
In re Blasingame (Church Joint Venture, LP v. Grusin), 2018 U.S. App. LEXIS 216 (6th Cir. Jan 4, 2018): This appeal arises from a judgment entered by the Sixth Circuit Bankruptcy Appellate Panel ("Panel") on November 7, 2016, vacating sanctions…
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Website Authentication by Contents, Testimony of Witness Present at Creation — Discrepancies between Testimony & Webpage Goes to Weight — No Need for Expert — Objection Must Be Specific to Preserve Review

United States v. Blanchard, 867 F.3d 1 (1st Cir. 2017): Following a jury trial in the United States District Court for the District of Maine, Fritz Blanchard was convicted of one count of aiding and abetting the interstate transportation of three victims for purposes of prostitution, in violation of
United States v. Blanchard, 867 F.3d 1 (1st Cir. 2017): Following a jury trial in the United States District Court for the District of Maine, Fritz Blanchard was convicted of one count of aiding and abetting the interstate transportation of…
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Full Social Media Authentication Not Required for Photo Pulled from Facebook — Origin of Photo Not Critical — Judge Need Not Be Persuaded of Authenticity, As Long As a Jury Reasonably Could Be

Beaty v. State, 2017 Tex. App. LEXIS 10694  (Tex. Ct. App. Nov. 15, 2017): MEMORANDUM OPINION A jury found appellant Phillip Beaty guilty of aggravated assault with a deadly weapon. See
Beaty v. State, 2017 Tex. App. LEXIS 10694  (Tex. Ct. App. Nov. 15, 2017): MEMORANDUM OPINION A jury found appellant Phillip Beaty guilty of aggravated assault with a deadly weapon. See Tex. Penal Code § 22.02(a)(2). The jury then…
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Inherent Power Sanctions: 10th Cir. Holds It Violates Discovery Stay to Take Consensual Interview of 1 Defendant under Oath As Part of Settlement to Use Against Others on SJ — Deposition-Like Transcript (Improper) vs. Affidavit (OK) — Transcript Out

Marin v. King, 2018 U.S. App. LEXIS 100 (10th Cir. Jan. 3, 2018): ORDER AND JUDGMENT* This case arises out of the execution of three search warrants on a New Mexico ranch owned by Plaintiffs Mario and Reyes Marin. ...
Marin v. King, 2018 U.S. App. LEXIS 100 (10th Cir. Jan. 3, 2018): ORDER AND JUDGMENT* This case arises out of the execution of three search warrants on a New Mexico ranch owned by Plaintiffs Mario and Reyes Marin.…
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Sanctions: Unquantified Order Requiring Pl’s Counsel to Pay Fees for Civil Contempt & §1927 / Rule 11 Violations Is Unappealable Even If Def Won’t Move for Fees & Case Is Suspended until Fees Are Paid & Even Though Non-Party May Appeal Contempt

Cruz v. Fulton, 2018 WL 297191 (5th Cir. Jan. 4, 2018): PER CURIAM:* In a contempt order against counsel in the underlying litigation, the district court ordered Louis R. Koerner, plaintiff’s lead counsel, “to pay all of the fees, costs, and expenses incurred by the defendant, Tracy Fulton, from September 3, 2014 up ...
Cruz v. Fulton, 2018 WL 297191 (5th Cir. Jan. 4, 2018): PER CURIAM:* In a contempt order against counsel in the underlying litigation, the district court ordered Louis R. Koerner, plaintiff’s lead counsel, “to pay all of the fees, costs, …
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Rule 59(e) Motion for Reconsideration Based on Newly Discovered Evidence Is Not Proper Vehicle for Asserting Altogether New Claim

Zheng v. Soufun Holdings Ltd., 2017 U.S. App. LEXIS 16859 (6th Cir. May 18, 2017): Xiaoguang Zheng, Fuqing Chen, Xudong Song, Zhenfen Huang, and Sunshine International, LLC ("Sunshine"), proceeding through counsel, appeal the district court's judgment dismissing their second amended complaint against SouFun Holdings, Ltd ...
Zheng v. Soufun Holdings Ltd., 2017 U.S. App. LEXIS 16859 (6th Cir. May 18, 2017): Xiaoguang Zheng, Fuqing Chen, Xudong Song, Zhenfen Huang, and Sunshine International, LLC ("Sunshine"), proceeding through counsel, appeal the district court's judgment dismissing their second amended…
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Rule 37[(c)] Sanctions & Multi-District Litigation: MDL Court Has “Wide Latitude” to Dismiss for Non-Compliance with Court Order Where Party on Notice & Has Opportunity to Respond — 37(b) Dismissal Factors (3d Cir.)

In re Avandia Mktg. & Sales Pracs. & Prods. Liab. Lit., 2017 WL 1401285 (3d Cir. April 19, 2017): PER CURIAM *1 The Mayfields appeal pro se from the District Court’s order dismissing their complaint with prejudice after they failed to comply with a pretrial discovery order. We will affirm. I. Ro ...
In re Avandia Mktg. & Sales Pracs. & Prods. Liab. Lit., 2017 WL 1401285 (3d Cir. April 19, 2017): PER CURIAM *1 The Mayfields appeal pro se from the District Court’s order dismissing their complaint with prejudice after they failed…
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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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