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: If Enterprise’s Business Is Primarily Racketeering Activity (e.g., Crime Family), Horizontal Relatedness Shown by Linking Acts to Enterprise — Otherwise, HJ Factors Must Be Applied

Reich v. Lopez, 2017 U.S. App. LEXIS 9172 (2d Cir. May 26, 2017): Plaintiff-Appellant Otto J. Reich is the principal of a (co-plaintiff) consulting firm specializing, inter alia, in fighting government corruption. He alleges that he and his firm were victims of an effort to discredit them by persons connected to a Venezuelan energy co ...
Reich v. Lopez, 2017 U.S. App. LEXIS 9172 (2d Cir. May 26, 2017): Plaintiff-Appellant Otto J. Reich is the principal of a (co-plaintiff) consulting firm specializing, inter alia, in fighting government corruption. He alleges that he and his firm were…
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Inherent Power Sanctions Apt in Court 1 for Wasting Judicial Resources by Litigating Claims Party Knows Court 2 Has Enjoined — Litigants Are Not Their Opponents’ Keepers (Good Quote) — Dismissal, $1.29 MM in Fees Excessive

In re Jemsek Clinic, PA (Blue Cross Blue Shield of NC v. Jemsek Clinic, PA), 2017 U.S. App. LEXIS 3853 (4th Cir. Mar. 3, 2017): In this case, the bankruptcy court imposed staggering sanctions on a creditor. It dismissed with prejudice claims that the creditor valued at over $10 million, and it ordered the creditor to pay the d ...
In re Jemsek Clinic, PA (Blue Cross Blue Shield of NC v. Jemsek Clinic, PA), 2017 U.S. App. LEXIS 3853 (4th Cir. Mar. 3, 2017): In this case, the bankruptcy court imposed staggering sanctions on a creditor. It dismissed with …
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Rule 37 Sanctions for Spoliation — Default Judgment — Bad Faith Shown by Use of Cleansing Programs, Misrepresentations to the Court, Email Saying “They Were Supposed to Be Erased by the IT Department”

Organik Kimya v. Int'l Trade Comm’n, 2017 U.S. App. LEXIS 2623 (Fed. Cir. Feb. 15, 2017): Organik Kimya San. ve Tic., A.[#x15e]., Organik Kimya Netherlands B.V., and Organik Kimya US, Inc. (collectively, "Organik Kimya") appeal from the International Trade Commission's ("the Commission" or "I ...
Organik Kimya v. Int'l Trade Comm’n, 2017 U.S. App. LEXIS 2623 (Fed. Cir. Feb. 15, 2017): Organik Kimya San. ve Tic., A.[#x15e]., Organik Kimya Netherlands B.V., and Organik Kimya US, Inc. (collectively, "Organik Kimya") appeal from the International Trade Commission's …
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Facebook Authentication — Page Authenticated as Defendant’s by Fact It Bears His Name (Misspelled), Photo, and Name of His Gang — 404(b) Not Implicated by Photo of Defendant Holding Gun Where Access to Gun at Issue — A Photo Is Not Hearsay

People v. Pettes, 2017 Mich. App. LEXIS 881 (Mich. Ct. App. May 25, 2017): Per Curiam. Defendant appeals as of right his jury trial convictions of second-degree murder, MCL 750.317, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. The trial court sentenced defendant ...
People v. Pettes, 2017 Mich. App. LEXIS 881 (Mich. Ct. App. May 25, 2017): Per Curiam. Defendant appeals as of right his jury trial convictions of second-degree murder, MCL 750.317, and possession of a firearm during the commission of a…
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Rule 37(b), (d) Sanctions — Dismissal for Repeated Failure to Appear at Deposition, Disregard of Court Orders — Dismissal Factors (5th Circuit)

Sawyer v. Geico Gen. Ins. Co., 2017 U.S. Dist. LEXIS 86609 (S.D. Tex. May 18, 2017): MEMORANDUM AND RECOMMENDATION TO GRANT DEFENDANT'S SECOND MOTION FOR SANCTIONS On December 7, 2016, this matter was referred by United States District Judge Lee H. Rosenthal, for full pre-trial management, pursuant t ...
Sawyer v. Geico Gen. Ins. Co., 2017 U.S. Dist. LEXIS 86609 (S.D. Tex. May 18, 2017): MEMORANDUM AND RECOMMENDATION TO GRANT DEFENDANT'S SECOND MOTION FOR SANCTIONS On December 7, 2016, this matter was referred by United States District Judge Lee…
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Rule 37(c)(1) Sanctions: Exclusion of Witnesses for Failure to Disclose until Eve of Trial — Harmless Error Factors (6th Circuit) — Evidence: To Preserve Error on a Conditional Ruling, Counsel Must Object & Preserve Objection in Stipulated Judgment

Abrams v. Nucor Steel Marion, Inc., 2017 U.S. App. LEXIS 9323 (6th Cir. May 25, 2017): In this diversity class-action lawsuit alleging state-law claims of indirect trespass and nuisance,1 Plaintiffs-Appellants, [*3]  Randal Bush and Ronald Tolle (Plaintiffs), appeal several unfavorable pre-trial evidentiar ...
Abrams v. Nucor Steel Marion, Inc., 2017 U.S. App. LEXIS 9323 (6th Cir. May 25, 2017): In this diversity class-action lawsuit alleging state-law claims of indirect trespass and nuisance,1 Plaintiffs-Appellants, [*3]  Randal Bush and Ronald Tolle (Plaintiffs), appeal several unfavorable…
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Orwell and the Supreme Court

In opinions issued by current members of the U.S. Supreme Court, Orwell was the third most cited author, coming after Shakespeare and Lewis Carroll. Thomas E. Ricks, Churchill and Orwell 249 (2017), citing Scott Dodson and Ami Dodson, Literary Justice, The Green Bag (Aug. 26, 2015)  
In opinions issued by current members of the U.S. Supreme Court, Orwell was the third most cited author, coming after Shakespeare and Lewis Carroll. Thomas E. Ricks, Churchill and Orwell 249 (2017), citing Scott Dodson and Ami Dodson, Literary Justice,…
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Attorney-Client Privilege — Crime Fraud Exception Requires Showing of Fraud Independent of the Documents Sought under the Exception — Spoliation: No Duty to Preserve Absent Reasonably Foreseeable Dispute

Stone Surgical, LLC v. Stryker Corp., 2017 U.S. App. LEXIS 9031 (6th Cir. May 24, 2017): This case arises out of the deterioration of a decade-plus employment relationship between Stryker Corporation and Christopher Ridgeway. Stryker, a medical-device manufacturing company, employed Ridgeway as a sales representative, where he sold cu ...
Stone Surgical, LLC v. Stryker Corp., 2017 U.S. App. LEXIS 9031 (6th Cir. May 24, 2017): This case arises out of the deterioration of a decade-plus employment relationship between Stryker Corporation and Christopher Ridgeway. Stryker, a medical-device manufacturing company, employed…
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Rule 11 Sanctions Must Be Sought by Motion, Not as a Claim for Relief

Rosier v. Strobel, 2017 U.S. App. LEXIS 2834 (9th Cir. Feb. 15, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The contract and tort claims alleged by Gail Rosier in this diversity action arise out of the attempts by her ex-husband, Jeffrey St ...
Rosier v. Strobel, 2017 U.S. App. LEXIS 2834 (9th Cir. Feb. 15, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. The contract and tort claims alleged by…
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Rule 37 Sanctions — Preclusion for Willful Violation of Discovery Order — “It Is Appropriate to Reject Lesser Sanctions Where Court Anticipates Continued Deceptive Misconduct” (Good Quote)

Amtrust Bank v. Lewis, 2017 U.S. App. LEXIS 7024 (9th Cir. April 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rex Lewis appeals the district court's order (1) denying his motion for relief from judgment pur ...
Amtrust Bank v. Lewis, 2017 U.S. App. LEXIS 7024 (9th Cir. April 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rex Lewis appeals the district court's…
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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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