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

Diversity Jurisdiction: What Is the Citizenship of a Dissolved or Inactive Corporation? Circuit Split

Pratt v. Green Bay Distribs., 2017 U.S. Dist. LEXIS 157351 (S.D. Ind. Sept. 25, 2017): [*1] ORDER ON SUBJECT MATTER JURISDICTION Sua sponte, the Court raised the issue of whether or not this Court has subject matter jurisdiction over this action based on complete diversity between the parties. ...
Pratt v. Green Bay Distribs., 2017 U.S. Dist. LEXIS 157351 (S.D. Ind. Sept. 25, 2017): [*1] ORDER ON SUBJECT MATTER JURISDICTION Sua sponte, the Court raised the issue of whether or not this Court has subject matter jurisdiction over this…
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Subject Matter & Personal Jurisdiction: Yelp, TripAdvisor Pages Set Up by Third Parties, Not Defendant, Thus Irrelevant to Minimum Contacts — Twitter: Following Resident of State (Sports Team) Not Enough: Where Does a Tweet Exist?

Blue Water Int’l, Inc. v. Hattrick’s Irish Sports Pub, LLC, 2017 WL 4182405 (M.D. Fla. Sept. 21, 2017): ORDER *1 Several “Hattrick’s” bars serve food and alcohol in the United States.1
Blue Water Int’l, Inc. v. Hattrick’s Irish Sports Pub, LLC, 2017 WL 4182405 (M.D. Fla. Sept. 21, 2017): ORDER *1 Several “Hattrick’s” bars serve food and alcohol in the United States.1 Most market themselves as sports bars (in hockey …
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Recusal: Judge’s Twitter Account’s Following of US Atty’s Office Twitter Account Not Enough — Rule 60(d)(3): Not All Fraud Is Fraud on the Court — Standards — Must Be Post-Judgment; Here, Barred by Settlement of Unknown Claims

United States v. Sierra Pacific Indus., Inc., 2017 U.S. App. LEXIS 12528 (9th Cir. July 13, 2017): We are asked to decide whether certain allegations of fraud, some of which were known before the parties settled and some of which came to light after settlement, rise to the level of fraud on the court such that relief from the ...
United States v. Sierra Pacific Indus., Inc., 2017 U.S. App. LEXIS 12528 (9th Cir. July 13, 2017): We are asked to decide whether certain allegations of fraud, some of which were known before the parties settled and some of which …
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Rule 37(b) Dismissal: Factors (5th Cir.) — Abuse of Discretion: Review More Rigorous for Substantial Sanctions — While Court Needn’t Incrementally Increase Sanctions to Dismissal, It Should at Least Consider Lesser Sanctions First

Oprex Surgery (Baytown), LP v. Sonic Auto. Empl. Welfare Ben. Plan, 2017 U.S. App. LEXIS 14811 (5th Cir. Aug. 10, 2017): *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. Plaintif ...
Oprex Surgery (Baytown), LP v. Sonic Auto. Empl. Welfare Ben. Plan, 2017 U.S. App. LEXIS 14811 (5th Cir. Aug. 10, 2017): *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and…
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Class Actions: Rule 23(f) Isn’t Jurisdictional — Motion for Reconsideration within 14 Days of Certification Order Tolls 23(f) Deadline — So Does Statement of Intent to File Motion (Circuit Split on This)

Lambert v. Nutraceutical Corp., 2017 U.S. App. LEXIS 17923 (9th Cir. Sept. 15, 2017): Federal Rule of Civil Procedure 23(f) allows a litigant to seek an interlocutory appeal of a distric ...
Lambert v. Nutraceutical Corp., 2017 U.S. App. LEXIS 17923 (9th Cir. Sept. 15, 2017): Federal Rule of Civil Procedure 23(f) allows a litigant to seek an interlocutory appeal of a district court's order granting or denying class certification. This case …
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Sanctions — Court Can’t Use Rule 60(a), Years after Judgment Entered, to “Clarify” That Sanctions against Lawyer Include Firm, to Reflect A New & Subsequent Intent — Only Doable under 60(b) within 1 Year

Le v. Humphrey, 2017 WL 3327797 (11th Cir. Aug. 4, 2017): *1 Following multiple unsuccessful efforts in federal and state court to enforce a monetary sanctions order, and over two years after that order was entered, Phuc Quang Le convinced the district court to amend its order under
Le v. Humphrey, 2017 WL 3327797 (11th Cir. Aug. 4, 2017): *1 Following multiple unsuccessful efforts in federal and state court to enforce a monetary sanctions order, and over two years after that order was entered, Phuc Quang Le convinced …
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Securities: Are Allegations of Loss Causation Subject to Rule 9(b)? — Circuit Split — Anyone Who Purchased and Sold in the Class Period Can’t Show Loss Causation

In re VEON Ltd. Secs. Litig., 2017 U.S. Dist. LEXIS 1522402017 U.S. Dist. LEXIS 152240 (S.D.N.Y. Sept. 19, 2017): Lead Plaintiff Westway Alliance Corp. brings this putative class action on behalf of all those who purchased the securities of Defendant VEON Ltd. between December 2, 2010 and November 3, 2015, against VEON and a number of ...
In re VEON Ltd. Secs. Litig., 2017 U.S. Dist. LEXIS 1522402017 U.S. Dist. LEXIS 152240 (S.D.N.Y. Sept. 19, 2017): Lead Plaintiff Westway Alliance Corp. brings this putative class action on behalf of all those who purchased the securities of Defendant…
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Sanctions — Striking Affirmative Defense Based on Fraudulent Evidence OK under Inherent Power, and Awarding Attorney’s Fees Incurred Due to Reliance on the Stricken Fraudulent Evidence on Summary Judgment OK under Rule 11

Edge Sys. LLC v. Aguila, 2017 U.S. App. LEXIS 17365 (Fed. Cir. Sept. 8, 2017): Rafael Newton Aguila appeals from the final judgement of the Southern District of Florida in a trademark and patent infringement suit filed by Edge Systems LLC and Axia Medscienes, LLC.1< ...
Edge Sys. LLC v. Aguila, 2017 U.S. App. LEXIS 17365 (Fed. Cir. Sept. 8, 2017): Rafael Newton Aguila appeals from the final judgement of the Southern District of Florida in a trademark and patent infringement suit filed by Edge Systems …
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RICO: Sub Operated by Holding Co. + Affiliate ≠ Enterprise But Unified Structure, Single Corp. Consciousness — No Evidence Subs’ Acts Outside Ordinary Course or Structure Set Up or Used to Further Racketeering

U1it4less, Inc. v. FedEx Corp., 2017 U.S. App. LEXIS 17990 (2d Cir. Sept. 18, 2017): U1IT4Less, Inc., d/b/a NYBikerGear ("BikerGear"), an internet retailer of motorcycle gear, accuses FedEx Corporation and its subsidiaries FedEx Corporate Services, Inc. and FedEx Ground Package System, Inc.
U1it4less, Inc. v. FedEx Corp., 2017 U.S. App. LEXIS 17990 (2d Cir. Sept. 18, 2017): U1IT4Less, Inc., d/b/a NYBikerGear ("BikerGear"), an internet retailer of motorcycle gear, accuses FedEx Corporation and its subsidiaries FedEx Corporate Services, Inc. and FedEx Ground Package…
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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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Recent Posts

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

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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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