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

RICO: Corp. + Outside Counsel May = Enterprise; Emotional Distress ≠ Injury, But Time Value of Settlement Does — Jurisdiction: Merits of Complaint Must Be Sufficiently Substantial to Confer Fed. Jur. — Much Harsher Test Than 12(b)

Roppo v. Travelers Comm’l Ins. Co., 2017 U.S. App. LEXIS 16407 (7th Cir. Aug. 28, 2017): This dispute arises out of representation provided by Travelers Commercial Insurance Co. ("Travelers") to one of its insureds, Jeffery Block, following a motor vehicle accident. During the course of that personal-injury suit, T ...
Roppo v. Travelers Comm’l Ins. Co., 2017 U.S. App. LEXIS 16407 (7th Cir. Aug. 28, 2017): This dispute arises out of representation provided by Travelers Commercial Insurance Co. ("Travelers") to one of its insureds, Jeffery Block, following a motor vehicle…
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Twitter Admissibility — Photo on Twitter Offered to Show Defendant with Vehicle Similar to One Police Allegedly Pursued Him in Not Hearsay — It is Evidence Supporting Inference Defendant Was in Vehicle

People v. Larkins, 2017 IL App (1st) 143420-U (Ill. Ct. App. Aug. 28, 2017): *1 ¶ 1 Held: The trial court did not err when it denied defendant’s motion to suppress the identification. Defendant’s sixth amendment right to counsel was not triggered prior to, or during defendant’s appearance in a lineup. ...
People v. Larkins, 2017 IL App (1st) 143420-U (Ill. Ct. App. Aug. 28, 2017): *1 ¶ 1 Held: The trial court did not err when it denied defendant’s motion to suppress the identification. Defendant’s sixth amendment right to counsel was…
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Rule 37(c)(1) Sanctions: Failure to Identify Witness in Initial Disclosures Harmless Where Her SJ Declaration Was Necessary Only to Authenticate Documents Whose Authenticity the Opponent Did Not Dispute

Burden v. Bar Loui Anaheim, Inc., 2017 U.S. App. LEXIS 8600 (9th Cir. May 16, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Kay Burden appeals the district court's decision to grant summary judgment for Bar Louie Anaheim, Inc. (BL ...
Burden v. Bar Loui Anaheim, Inc., 2017 U.S. App. LEXIS 8600 (9th Cir. May 16, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Kay Burden appeals the …
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Rule 37 Sanctions: Dismissal for Unexplained Failure to Comply with Order to Provide Supplemental Discovery Responses

Weber v. Int’l Brotherhood of Elec. Workers, 2017 U.S. App. LEXIS 7831 (8th Cir. May 3, 2017): Darryl Weber appeals after the District Court,1 upon motion, dismissed his employment action with prejudice as a sanction for failure to comply with a court order to provide discovery re ...
Weber v. Int’l Brotherhood of Elec. Workers, 2017 U.S. App. LEXIS 7831 (8th Cir. May 3, 2017): Darryl Weber appeals after the District Court,1 upon motion, dismissed his employment action with prejudice as a sanction for failure to comply …
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Rule 41(d) Authorizes Court to Award “Costs” to Defendant If Plaintiff Has Previously Dismissed Same Claim against Same Defendant — Does That Include Attorney’s Fees? — Circuit Split

Ali v. Chex Sys., 2017 U.S. Dist. LEXIS 130966 (E.D. Cal. Aug. 16, 2017): This action was removed from Fresno County Superior Court on June 23, 2017. (Doc. No. 1.) On June 30, 2017, defendant filed a motion to dismiss, as well as a motion for costs and to stay the matter pursuant to
Ali v. Chex Sys., 2017 U.S. Dist. LEXIS 130966 (E.D. Cal. Aug. 16, 2017): This action was removed from Fresno County Superior Court on June 23, 2017. (Doc. No. 1.) On June 30, 2017, defendant filed a motion to dismiss,…
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RICO — Without More, Improperly Brought Litigation ≠ Extortion & Incorrect Litigation Positions ≠ Mail/Wire Fraud

Sasmor v. Meisels, 2017 U.S. App. LEXIS 17361 (2d Cir. Sept. 8, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on September 30, 2016, is AFFIRMED. Plaintiff Jon Sasmor, proceeding pro se< ...
Sasmor v. Meisels, 2017 U.S. App. LEXIS 17361 (2d Cir. Sept. 8, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on September 30, 2016, is AFFIRMED. Plaintiff Jon Sasmor,…
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Fraudulent Joinder (or Misjoinder) — If the Case Commences in State Court, Is the Propriety of Joinder Determined under the State or Federal Joinder Standard? — Case Law Split

Two Cases: 1.  Tampa Elec. Co. v. Travelers Indem. Co. of Am., 2017 U.S. Dist. LEXIS 144524 (M.D. Fla. Sept. 7, 2017):   This matter comes before the Court upon consideration of Plaintiff Tampa Electric Company's ("TECO") Motion to Remand, filed on July 28, 2017 (Doc. # 10), Def ...
Two Cases: 1.  Tampa Elec. Co. v. Travelers Indem. Co. of Am., 2017 U.S. Dist. LEXIS 144524 (M.D. Fla. Sept. 7, 2017):   This matter comes before the Court upon consideration of Plaintiff Tampa Electric Company's ("TECO") Motion to Remand, filed…
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§ 1927 Sanctions for Refusal to Dismiss Meritless Case with Prejudice — No New Right to 41(a)(1) Dismissal of Right by Amending or after Removal — 41(a)(2) Dismissal Factors

Baiul v. NBC Sports, 2017 WL 3911576 (2d Cir. Sept. 7, 2017): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED. Plaintiffs-appellants Oksana Baiul and her company, Oksana, Ltd. (collectively, “Baiul”) ...
Baiul v. NBC Sports, 2017 WL 3911576 (2d Cir. Sept. 7, 2017): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED. Plaintiffs-appellants Oksana Baiul and her company, Oksana,…
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Voicemail Admissibility: Absent Applicable Exception or Exemption, Content of Voicemail Is Hearsay

State v. Acampora, 2017 Conn. App. LEXIS 357 (Conn. Ct. App. Sept. 5, 2017): The defendant, Joseph C. Acampora, Jr., appeals from the judgment of conviction, rendered after a jury trial, of one count of assault of a disabled person in the third degree in violation of General Statutes § 53a-61a and one count of disorderly conduct in v ...
State v. Acampora, 2017 Conn. App. LEXIS 357 (Conn. Ct. App. Sept. 5, 2017): The defendant, Joseph C. Acampora, Jr., appeals from the judgment of conviction, rendered after a jury trial, of one count of assault of a disabled person…
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Motions for Reconsideration — By Definition, Evidence Retrieved from the Wayback Machine That Predates Trial Can’t Be “Newly Discovered” after Trial

Enslin v. Coca-Cola Co., 2017 U.S. Dist. LEXIS 139525 (E.D. Pa. Aug. 30, 2017): I. Introduction Shane Enslin claims that he was the victim of identity theft, and he blames it on a theft of laptop computers from his former employer, Coca-Cola,1 which were ...
Enslin v. Coca-Cola Co., 2017 U.S. Dist. LEXIS 139525 (E.D. Pa. Aug. 30, 2017): I. Introduction Shane Enslin claims that he was the victim of identity theft, and he blames it on a theft of laptop computers from his former…
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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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