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

Supreme Court: Appeals — Timeliness — Filing Deadline Set by Statute Is Jurisdictional, Not If Set by Rule — Then Can Be Waived — Equitable Exceptions Also Possible (Reasoning Not Limited to Appeals)

Hamer v. Neighborhood Hous. Servs., 2017 U.S. LEXIS 6765 (U.S. Nov. 8, 2017): This case presents a question of time, specifically, time to file a notice of appeal from a district court’s judgment. In Bowles< ...
Hamer v. Neighborhood Hous. Servs., 2017 U.S. LEXIS 6765 (U.S. Nov. 8, 2017): This case presents a question of time, specifically, time to file a notice of appeal from a district court’s judgment. In Bowles v. Russell, 551 U. …
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RICO: “The point of Rule 9(b) Is Precisely to Prevent Defendant-Clumping … by Requiring the Plaintiff to Allege Each Defendant’s Specific Participation in the Fraud” (Good Quote) — Use of RICO Case Statement on 12(b)(6) OK

Emess Capital, LLC v. Rothstein, 2011 WL 13214302 (S.D. Fla. Mar. 9, 2011) (R&R): *1 This matter is before the Court for a Report and Recommendations on two dispositive motions: (1) Defendant TD Bank N.A.’s motion to dismiss (Doc. 13) and (2) Plaintiff Emess Capital, LLC’s amended motion for default judgment agai ...
Emess Capital, LLC v. Rothstein, 2011 WL 13214302 (S.D. Fla. Mar. 9, 2011) (R&R): *1 This matter is before the Court for a Report and Recommendations on two dispositive motions: (1) Defendant TD Bank N.A.’s motion to dismiss (Doc. 13)…
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RICO: Injury from 1 Predicate Act Enough — Mail Fraud: Must ID a Mailing; 9(b)/Iqbal Caution — No Causation If Injury Could Occur w/o Predicate Act Or Is Not Directly Tied to Predicate Act — Only Bank Can Sue for Financial Institution Fraud

Empire Merchants, LLC v. Reliable Churchill LLLP, 2017 U.S. Dist. LEXIS 186669 (E.D.N.Y. Mar. 16, 2017): Plaintiff, Empire Merchants, LLC ("Empire"), is a liquor [*2]  wholesaler operating in New York City. Empire brings this action against numerous defendants, including a liquor wholesaler operating in Mar ...
Empire Merchants, LLC v. Reliable Churchill LLLP, 2017 U.S. Dist. LEXIS 186669 (E.D.N.Y. Mar. 16, 2017): Plaintiff, Empire Merchants, LLC ("Empire"), is a liquor [*2]  wholesaler operating in New York City. Empire brings this action against numerous defendants, including a…
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Protective Orders: Which In-House Counsel Should Be Barred from Highly Confidential Info? — Corp. Secretary, Board Attendee, Member of Sr. Mgmt. Committee Too Senior, Interactions with Decisionmakers Too Risky — Website of Party = Admission & 803(6)

Silversun Indus. v. PPG Indus., 2017 U.S. Dist. LEXIS 183647 (N.D. Ill. Nov. 6, 2017): INTRODUCTION Defendant, PPG, is a Forbes 500, multi-billion dollar, world-wide company, in the business of supplying paints, paint coatings, optical products, and specialty materials. Defendant, PPG Kansai Automotive F ...
Silversun Indus. v. PPG Indus., 2017 U.S. Dist. LEXIS 183647 (N.D. Ill. Nov. 6, 2017): INTRODUCTION Defendant, PPG, is a Forbes 500, multi-billion dollar, world-wide company, in the business of supplying paints, paint coatings, optical products, and specialty materials. Defendant,…
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Rule 41(d) Dismissal Sanction: Factors — Wasting Time, Money & Effort Pursuing Cooperation = Prejudice from Plaintiff’s Failure to Prosecute — Abuse of Discretion Standard (Sixth Circuit)

Crawford v. Beaumont, 2017 U.S. App. LEXIS 18887 (6th Cir. Sept. 12, 2017): Anitra E. Crawford, a Michigan resident proceeding pro se, appeals a district court judgment dismissing her civil ...
Crawford v. Beaumont, 2017 U.S. App. LEXIS 18887 (6th Cir. Sept. 12, 2017): Anitra E. Crawford, a Michigan resident proceeding pro se, appeals a district court judgment dismissing her civil rights case filed pursuant to 42 U.S.C. § 1983.…
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Rule 37(c)(1) Sanctions: Failure to Disclose Witness Bars Use of Declaration on SJ—Alternatively, Must Document Where Wit.’s Name Came Up in Discovery—Abuse of Discretion Standard (7th Cir.)—Exclusion OK Where No Alternative Proposed

King v. Ford Motor Co., 2017 U.S. App. LEXIS 19013 (7th Cir. Oct. 2, 2017): LaWanda King worked for many years as an assembler in Ford Motor Company's vehicle assembly plants. After transferring to its Chicago plant in 2010, though, she claims that she was sexually harassed by a supervisor, after which she began getting reassigned ...
King v. Ford Motor Co., 2017 U.S. App. LEXIS 19013 (7th Cir. Oct. 2, 2017): LaWanda King worked for many years as an assembler in Ford Motor Company's vehicle assembly plants. After transferring to its Chicago plant in 2010, though,…
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RICO: Innocuous Wire Transactions Used to Build Trust = Wire Fraud — Intrabank Transfer May Be Bookkeeping Entry, Not Sufficiently Plead —Analysis in Unappealed Order Granting Prior Dismissal Disregarded — Denial of Leave to Amend Strictly Reviewed

Bui v. Ton Phi, 2017 U.S. App. LEXIS 20304 (9th Cir. Oct. 17, 2017): Mai Ngoc Bui appeals the district court's grant of Defendants' motion to dismiss with prejudice the Racketeer Influenced and Corrupt Organizations [*2]  (RICO) claim from her Second Amended Complaint (SAC). We have jurisdiction under 28 U.S.C. § 1291.
Bui v. Ton Phi, 2017 U.S. App. LEXIS 20304 (9th Cir. Oct. 17, 2017): Mai Ngoc Bui appeals the district court's grant of Defendants' motion to dismiss with prejudice the Racketeer Influenced and Corrupt Organizations [*2]  (RICO) claim from her…
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Experts: CEO Opinion Based on CEO Experience=701 But If Tech’l Knowl. Used = 702 — 37(c)(1) Sanction for No Expert Rep’t: 4 Factors — Still Prejudiced If You Know the Unreported Opinion — Waiver by Not Defending All Claims Attacked

Dynamic Concepts, Inc. v. Tri-State Surgical Supply & Equipment Ltd., 2017 U.S. App. LEXIS 22348 (2d Cir. Nov. 8, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF it is hereby ORDERED, ADJUDGED, AND DECREED that the judgments and orders of the District Court are AFFI ...
Dynamic Concepts, Inc. v. Tri-State Surgical Supply & Equipment Ltd., 2017 U.S. App. LEXIS 22348 (2d Cir. Nov. 8, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF it is hereby ORDERED, ADJUDGED, AND DECREED that the judgments and orders of the…
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FRAP 12.1 Allows Limited Remand So That District Court Can Implement Prior Indicative Ruling — Actual Prior Indicative Ruling under Fed. R. Civ. P. 62.1 Unnecessary If District Court’s Views Clear

Mendia v. Garcia, 2017 U.S. App. LEXIS 22102 (9th Cir. Nov. 3, 2017):     Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs [*3]  Enforcement ("ICE") agents John Garcia and Ching Chang lodged an immigration detainer placing a federal hold to pick him up ...
Mendia v. Garcia, 2017 U.S. App. LEXIS 22102 (9th Cir. Nov. 3, 2017):     Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs [*3]  Enforcement ("ICE") agents John Garcia and Ching Chang lodged an immigration…
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12(b)(6) Motions: SEC Filings and News Articles Judicially Noticeable to Show What Was Available to the Market (Securities Action), Not for Truth — Are Forms 4 Noticeable Absent Allegations of Stock Sales? Case Law Split

Shenwick v. Twitter, Inc., 2017 U.S. Dist. LEXIS 170901 (N.D. Cal. Oct. 16, 2017): Twitter is a social media company that, like other social media companies, depends on advertising revenue. Accordingly, how many users T ...
Shenwick v. Twitter, Inc., 2017 U.S. Dist. LEXIS 170901 (N.D. Cal. Oct. 16, 2017): Twitter is a social media company that, like other social media companies, depends on advertising revenue. Accordingly, how many users Twitter has, and whether those…
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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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