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 16: What Constitutes “Good Cause” to Amend Scheduling Order to Allow Late Designation of Expert — Five Factors (6th Cir.), Diligence Key — Appeals: Waiver of Argument by Not Raising It Below — Plain-Miscarriage-of-Justice Exception

Gatza v. DCC Litig. Facility, Inc., 2017 U.S. App. LEXIS 21861 (6th Cir. Oct. 31, 2017): Plaintiffs-Appellants Kathy Gatza and Pamela Sutherland (together, "Plaintiffs") appeal the district court's denial of their motions to amend the scheduling orders in their cases. Before the expert-disclosure deadlines passed ...
Gatza v. DCC Litig. Facility, Inc., 2017 U.S. App. LEXIS 21861 (6th Cir. Oct. 31, 2017): Plaintiffs-Appellants Kathy Gatza and Pamela Sutherland (together, "Plaintiffs") appeal the district court's denial of their motions to amend the scheduling orders in their cases.…
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Removal: Where Statute Authorizes Fees, The Fee Claim Is Included in Amount in Controversy — But Is It Only Already-Accrued Fees or Prospective Fees, Too? — Circuit Split

Skau v JBS Carriers, Inc., 2017 U.S. Dist. LEXIS 197232 (W.D. Wash. Nov. 30, 3017): This matter comes before the Court on Plaintiffs' motion for remand (Dkt. No. 13). Having thoroughly considered the parties' briefing and the relevant record, the Court finds oral argument unnecessary and hereby GRANTS the motion as it relates ...
Skau v JBS Carriers, Inc., 2017 U.S. Dist. LEXIS 197232 (W.D. Wash. Nov. 30, 3017): This matter comes before the Court on Plaintiffs' motion for remand (Dkt. No. 13). Having thoroughly considered the parties' briefing and the relevant record, the…
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Hearsay: Importance of Specificity to 803(3) (State of Mind) Foundation — Settlement Negotiations: Rule 408 Doesn’t Bar Evidence Party Acknowledged a Fact at Settlement Meeting That It Now Denies

Fabick, Inc. v. Fabco Equip., Inc., 2017 U.S. Dist. LEXIS 198963 (wdwis Dec. 4, 2017): This case is set for a jury trial commencing, December 11, 2017, to resolve plaintiff Fabick, In ...
Fabick, Inc. v. Fabco Equip., Inc., 2017 U.S. Dist. LEXIS 198963 (wdwis Dec. 4, 2017): This case is set for a jury trial commencing, December 11, 2017, to resolve plaintiff Fabick, Inc.'s remaining claims of trademark infringement against defendants…
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FRAP 38 Sanctions Don’t Require Bad Faith But 6th Cir. Only Imposes If Improper Purpose — §1927 Sanctions Don’t Require Bad Faith in 6th Cir., But Still > Negligence: Intentional Abuse of Judicial Process/Knowing Disregard of Multiplicitousness

Raub v. Moon Lake Prop Owners’ Ass’n, 2017 U.S. App. LEXIS 22933 (6th Cir. Nov. 15, 2017): Plaintiffs David and William Raub appeal the dismissal of their action asserting various civil rights and disability discrimination claims arising from their ownership of lots and membership in a property owners' association. Defendants ...
Raub v. Moon Lake Prop Owners’ Ass’n, 2017 U.S. App. LEXIS 22933 (6th Cir. Nov. 15, 2017): Plaintiffs David and William Raub appeal the dismissal of their action asserting various civil rights and disability discrimination claims arising from their ownership…
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Res Judicata / Collateral Estoppel: Claims within Exclusive Jurisdiction of Federal Courts Generally Not Barred by Prior State Court Case Arising Out of Common Nucleus of Operative Fact — FRAP 38: Partial Success on Appeal Avoids Sanctions

Veit v. Frater, 2017 U.S. App. LEXIS 22220 (7th Cir. Oct. 31, 2017):   ORDER Jackson Veit sued Angela Frater and "New Company" asserting that they conspired to defraud him of the value of securities that he held in InfoCorp, LLC. A magistrate judge, presiding by consent, see 28 U.S.C. § ...
Veit v. Frater, 2017 U.S. App. LEXIS 22220 (7th Cir. Oct. 31, 2017):   ORDER Jackson Veit sued Angela Frater and "New Company" asserting that they conspired to defraud him of the value of securities that he held in InfoCorp, LLC.…
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Appealability: Even If Some Claims Were Dismissed without Prejudice to Permit Amendment of Complaint, Action Is Appealable If Plaintiff Elects to Stand on Complaint

Lewis v. Defender Ass’n of Phila., 2017 WL 4994489 (3d Cir. Nov. 2, 2017): PER CURIAM Clinton Lewis and his two minor children filed a lawsuit in the Philadelphia Court of Common Pleas, bringing federal and state claims relating to events surrounding the removal of the children from Lewis’s custody. Noting the federal claim ...
Lewis v. Defender Ass’n of Phila., 2017 WL 4994489 (3d Cir. Nov. 2, 2017): PER CURIAM Clinton Lewis and his two minor children filed a lawsuit in the Philadelphia Court of Common Pleas, bringing federal and state claims relating to…
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Spoliation: Violation of Rule or Regulation Pertaining to Document Retention Is Not Per Se Bad Faith [Note: The Regulation at Issue Was Not Adopted for the Benefit of the Party/Class Claiming Spoliation]

Eaton-Stephens v. Grapevine Colleyville Indep. Sch. Dist., 2017 U.S. App. LEXIS 22704 (5th Cir. Nov. 13, 2017) (unpublished): This appeal arises from the district court's grant of summary judgment in favor of Grapevine Colleyville Independent School District on all of Linda Eaton-Stephens's claims under
Eaton-Stephens v. Grapevine Colleyville Indep. Sch. Dist., 2017 U.S. App. LEXIS 22704 (5th Cir. Nov. 13, 2017) (unpublished): This appeal arises from the district court's grant of summary judgment in favor of Grapevine Colleyville Independent School District on all of…
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§ 1927 Sanctions — Recklessness without More Insufficient — Uncertainty Reflected in Circuit’s Model Jury Instructions & Fact Another Circuit Accepted Argument Means It Isn’t Frivolous—Opposing Motion to Strike Claim w/o Basis Sanctionable

Stone Creek, Inc. v. Omnia Italian Design, Inc., 2017 U.S. App. LEXIS 16632 (9th Cir. Aug. 30, 2017): This appeal, set in the high-stakes world of furniture sales, runs the gamut of trademark infringement issues. The facts are somewhat unusual: the alleged infringer, leather furniture manufacturer Omnia Italian Design, Inc. ("Omn ...
Stone Creek, Inc. v. Omnia Italian Design, Inc., 2017 U.S. App. LEXIS 16632 (9th Cir. Aug. 30, 2017): This appeal, set in the high-stakes world of furniture sales, runs the gamut of trademark infringement issues. The facts are somewhat unusual:…
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RICO: In Determining Whether Pattern Stated against a Defendant, Court Considers Only Alleged Offenses That Defendant Was Involved in — Continuity: Relevant Period Is When Predicates Occurred, Not Duration of Scheme

Sterling Nat’l Mortg. Co. v. Infinite Title Solutions, LLC, 2011 WL 13220625 (S.D. Fla. Mar. 3, 2011): REPORT AND RECOMMENDATIONS ON MOTIONS TO DISMISS *1 THIS MATTER is before the Court concerning motions to dismiss filed by Defendants Infinite Title Solutions, LLC, Rudy Hernandez (th ...
Sterling Nat’l Mortg. Co. v. Infinite Title Solutions, LLC, 2011 WL 13220625 (S.D. Fla. Mar. 3, 2011): REPORT AND RECOMMENDATIONS ON MOTIONS TO DISMISS *1 THIS MATTER is before the Court concerning motions to dismiss filed by Defendants Infinite Title…
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Attorney-Client Privilege Construed Narrowly in Connection with Agency Investigations — Log Must Set Forth Specific Facts Establishing Each Element of Privilege, Otherwise Waiver

EEOC v. BDO USA, LLP, 2017 U.S. App. LEXIS 23067 (5th Cir. Nov. 16, 2017): IT IS ORDERED that our prior panel opinion, EEOC v. BDO USA, L.L.P., 856 F.3d 356 (5th Cir. 2017), is WITHDRAWN, and the following opinion is SUBSTITUTED therefor. During the course of an employment discrimination investigation, the Equal Employ ...
EEOC v. BDO USA, LLP, 2017 U.S. App. LEXIS 23067 (5th Cir. Nov. 16, 2017): IT IS ORDERED that our prior panel opinion, EEOC v. BDO USA, L.L.P., 856 F.3d 356 (5th Cir. 2017), is WITHDRAWN, and the following opinion…
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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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