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

Appeals Court Has Jurisdiction over Denial of Motion to Intervene If Is As of Right — Disqualification: Court May Look Through Generality of “Substantially Related” If It Has Specific Evidence Proving No Confidential Info of Former Client Used

Kirsch v. Dean, 2017 U.S. App. LEXIS 21257 (6th Cir. Oc.t 25, 2017): Defendant Robert Dean and Proposed Intervenor ZFX, Inc. jointly appeal: (1) a December 7, 2016 order denying Dean's motion to disqualify Middleton Reutlinger, the law firm representing Plaintiff Terri Kirsch, and to strike its filings; and (2) a June 7, 2 ...
Kirsch v. Dean, 2017 U.S. App. LEXIS 21257 (6th Cir. Oc.t 25, 2017): Defendant Robert Dean and Proposed Intervenor ZFX, Inc. jointly appeal: (1) a December 7, 2016 order denying Dean's motion to disqualify Middleton Reutlinger, the law firm representing …
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Sanctions: Motion for Reconsideration of Rule 11 Sanctions Not Punishable under § 1927 without Specific Finding of Conduct Tantamount to Bad Faith — Is Recklessness-Plus (9th Cir. § 1927 Standard) a Species of Bad Faith or Something Else?

Wavetronix, LLC v. Myers, 2017 WL 5643189 (9th Cir. Nov. 24, 2017): Blake S. Atkin, attorney for Wavetronix, LLC, (“Wavetronix”) appeals the district court’s orders sanctioning him pursuant to
Wavetronix, LLC v. Myers, 2017 WL 5643189 (9th Cir. Nov. 24, 2017): Blake S. Atkin, attorney for Wavetronix, LLC, (“Wavetronix”) appeals the district court’s orders sanctioning him pursuant to Federal Rule of Civil Procedure 11 (Rule 11),1 and…
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Rule 16(f) & Inherent Power Sanctions: Modest $5,000 Punitive Fine OK as Minimum Needed to Punish Disregard of Court Orders — Willful Disregard Is Tantamount to Bad Faith Whether Due to “Incompetence or Impertinence” (Goodyear Unmentioned)

Yaffa v. Weidner, 2017 WL 5593501 (11th Cir. Nov. 21, 2017): Deanna L. Weidner, an attorney representing the defendant and counter-claimant SunSouth Bank (“SunSouth”) in this action, appeals from a sanctions order that imposed a “fine” of $5,000 on Weidner personally. Weidner asserts that the sanctions were entered without ade ...
Yaffa v. Weidner, 2017 WL 5593501 (11th Cir. Nov. 21, 2017): Deanna L. Weidner, an attorney representing the defendant and counter-claimant SunSouth Bank (“SunSouth”) in this action, appeals from a sanctions order that imposed a “fine” of $5,000 on Weidner…
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Unreasonable Delay May Render Rule 37(c) Sanctions Motion Untimely — Meritlessness as Substantial Justification for Not Making 26(a)(1) Disclosures — Post-Judgment Motion to Amend Deemed a 60(b) Motion, Must Be Filed within a Year of Entry of Judgment

Bush v. Dept. of Human Servs., 2017 WL 5125624 (3d Cir. Nov. 6, 2017): *1 Gerald Bush appeals the District Court’s order denying three motions he filed after the dismissal of his fourth amended complaint—a “Complaint and Law,” which the District Court construed as a motion for sanctions; a “Request for Appoi ...
Bush v. Dept. of Human Servs., 2017 WL 5125624 (3d Cir. Nov. 6, 2017): *1 Gerald Bush appeals the District Court’s order denying three motions he filed after the dismissal of his fourth amended complaint—a “Complaint and Law,” which the…
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RICO Injury Contingent on Outcome of Bankruptcy Not Concrete Enough to Confer Standing — Attorney’s Fees Alone As Injury? — 9-Month Pattern of Predicates Too Short, Can’t Be Extended by Non-Fraudulent Conduct

Yucaipa Am. Alliance Fund I, LP v. Ehrlich, 2017 WL 5483163 (3d Cir. Nov. 15, 2017): This case involves events surrounding the bankruptcies of Allied Systems Holdings, Inc. and a dispute between hedge funds who hold portions of Allied’s first lien debt. Plaintiffs are two hedge funds managed by Yucaipa Companies, LLC, (colle ...
Yucaipa Am. Alliance Fund I, LP v. Ehrlich, 2017 WL 5483163 (3d Cir. Nov. 15, 2017): This case involves events surrounding the bankruptcies of Allied Systems Holdings, Inc. and a dispute between hedge funds who hold portions of Allied’s first …
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First-Filed Rule: Does the Date the Complaint Was Filed in State Court Control or the Date It Was Removed? — Circuit Split

Monzo v. Bazos, 2017 U.S. Dist. LEXIS 178038 (E.D. Pa. Oct. 26, 2017): This case arises out of a dispute over a business partnership that fell apart shortly after it began, leading to a fight over the pieces. Both parties initiated litigation in Pennsylvania state court, and then seemingly reached an agreement resolving the m ...
Monzo v. Bazos, 2017 U.S. Dist. LEXIS 178038 (E.D. Pa. Oct. 26, 2017): This case arises out of a dispute over a business partnership that fell apart shortly after it began, leading to a fight over the pieces. Both parties …
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Videotaped Witness Statement Admitted as Past Recollection Recorded: Wit. Lacked Current Recollection, Testified It Was He in the Video, Remembered Giving the Statement, Told the Truth, and the Matters Were Then Fresh in His Memory

Pierce v. State, 2017 Ga. LEXIS 940 (Ga. Sup. Ct. Oct. 30, 2017): Appellant Matthew Caleb Pierce was tried before a jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of sexual battery, and one count each of sexual exploitation of a child, distribution of Hydromorphone, and ...
Pierce v. State, 2017 Ga. LEXIS 940 (Ga. Sup. Ct. Oct. 30, 2017): Appellant Matthew Caleb Pierce was tried before a jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of…
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Circumstantial Twitter & Facebook Authentication: Photos, Including Selfies, on Page; Defendant’s Twitter Account Nickname Known in Community; Content (Dispute with Victim) Independently Corroborated

State v. Linzy, 2017 Tenn. Crim. App. LEXIS 737, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): The Defendant, Jabriel Linzy, alias, appeals as of right from his convictions for first degree murder, attempted first degree murder, and employment of a firearm during the commission of a dangerous felony. The Defendant argues (1) t ...
State v. Linzy, 2017 Tenn. Crim. App. LEXIS 737, 2017 WL 3575871 (Tenn. Ct. Crim. App. Aug. 18, 2017): The Defendant, Jabriel Linzy, alias, appeals as of right from his convictions for first degree murder, attempted first degree murder, and…
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Sanctions: Rule 37 Does Not Require the Vain Gesture of Imposing Ineffective Lesser Sanctions before Dismissal Where Futility and Willfulness or Bad Faith Are Clear (Good Quote) — Meaning of Abuse of Discretion in Third Circuit

Fortson v. City of Baldwin, 2017 WL 4685532 (3d Cir. Oct. 19, 2017): PER CURIAM: Major and Laura Fortson, two individuals proceeding pro se, appeal the district court’s dismissal of their
Fortson v. City of Baldwin, 2017 WL 4685532 (3d Cir. Oct. 19, 2017): PER CURIAM: Major and Laura Fortson, two individuals proceeding pro se, appeal the district court’s dismissal of their 42 U.S.C. § 1983 complaint as a sanction …
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Rule 11 Sanctions — Due Process — Failure to Provide Notice and Opportunity to Be Heard Requires Reversal

Mitchell v. Warden, 2017 U.S. App. LEXIS 20211 (11th Cir. Oct. 17, 2017): In February 2016, Blair Mitchell filed a pro se civil rights suit against prison officials at Autry State Prison ("Autry"), where he was incarcerated. Mr. Mitchell alleged that the staff at Autry was deliberately indifferent to his serious medical ...
Mitchell v. Warden, 2017 U.S. App. LEXIS 20211 (11th Cir. Oct. 17, 2017): In February 2016, Blair Mitchell filed a pro se civil rights suit against prison officials at Autry State Prison ("Autry"), where he was incarcerated. Mr. Mitchell alleged…
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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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