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

Judicial Notice of Internet Evidence — Notice Taken of Wayback Machine Results over Objection

UL LLC v. Space Chariot, Inc., 2017 U.S. Dist. LEXIS 60585 (C.D. Cal. April 20, 2017): The Court finds this motion appropriate for decision without oral argument. See
UL LLC v. Space Chariot, Inc., 2017 U.S. Dist. LEXIS 60585 (C.D. Cal. April 20, 2017): The Court finds this motion appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. Accordingly,…
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Sua Sponte Dismissal without Prejudice Failure to File RICO Case Statement, Even If Erroneous, Not Reversible If Plaintiff Had Time to Refile within SOL — Inherent Power Dismissal for Failure to Prosecute Reviewed with an Eye on Rule 41(b) Standards

Moskovits v Aldridge Pite, LLP, 2017 U.S. App. LEXIS 1199 (11th Cir. Jan. 24, 2017): Pro se plaintiff Alexander Moskovits filed a putative class-action suit in the Southern District of Florida against twenty-three defendants, alleging that defendants engaged in a widespread conspiracy to fraudulently ...
Moskovits v Aldridge Pite, LLP, 2017 U.S. App. LEXIS 1199 (11th Cir. Jan. 24, 2017): Pro se plaintiff Alexander Moskovits filed a putative class-action suit in the Southern District of Florida against twenty-three defendants, alleging that defendants engaged in a …
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Inherent Power Sanctions — Frivolousness Alone Not Enough — Bad Faith Required, May Be Inferred — Disobedience to Court Is Key — Nightmare of Diversity Jurisdiction with LLCs (Good Quotes)

Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 U.S. App. LEXIS 4918 (11th Cir. Mar. 20, 2017): This case demonstrates the difficulty of applying established diversity jurisdiction principles to 21st-century business organizations. When determining citizenship of the parties for diversity jurisdiction purposes, a limited ...
Purchasing Power, LLC v. Bluestem Brands, Inc., 2017 U.S. App. LEXIS 4918 (11th Cir. Mar. 20, 2017): This case demonstrates the difficulty of applying established diversity jurisdiction principles to 21st-century business organizations. When determining citizenship of the parties for diversity …
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Supreme Court: Inherent Power Sanctions — Only Attorney’s Fees and Costs Incurred As a Result of the Misconduct Are Awardable — But-For Test — Substantial Discretion to Do “Rough Justice”

Goodyear Tire & Rubber Co. v. Haeger, 2017 U.S. LEXIS 2613 (U.S. April 18, 2017): In this case, we consider a federal court's inherent authority to sanction a litigant for bad-faith conduct by ordering it to pay the other side's legal fees. We hold that such an order is limited to the fees the innocent party incurred s ...
Goodyear Tire & Rubber Co. v. Haeger, 2017 U.S. LEXIS 2613 (U.S. April 18, 2017): In this case, we consider a federal court's inherent authority to sanction a litigant for bad-faith conduct by ordering it to pay the other side's …
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Rule 37 Sanctions: How Mandatory Is the Mandate That the Court Must Order a Party Who Violates a Discovery Order to Pay the Fees and Expenses Incurred by the Other Side? — Sixth Circuit Splits on Issue

Lim v. Terumo Corp., 2015 U.S. App. LEXIS 23233 (6th Cir. April 2, 2015): Chang Lim, proceeding pro se, appeals the district court's grant of summary judgment in favor of the defendants in his action raising claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000-2000e-17 ("Title VII"), and variou ...
Lim v. Terumo Corp., 2015 U.S. App. LEXIS 23233 (6th Cir. April 2, 2015): Chang Lim, proceeding pro se, appeals the district court's grant of summary judgment in favor of the defendants in his action raising claims under Title VII…
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Spoliation of Tangible Evidence — 11th Circuit Factors (Unchanged Post-37(e)), Available Sanctions — State Law Guidance — Ignoring Opponent’s Request to Inspect + Failing to Preserve on While Notice of Claim = Bad Faith

Oil Equipment Co., Inc. v. Modern Welding Co., Inc., 2016 U.S. App. LEXIS 17632 (11th Cir. Sept. 29, 2016): PER CURIAM: This is a products-liability case about an allegedly defective underground storage tank that began to leak. Plaintiff-Appellant Oil Equipment Company Inc. ("OEC") purchased the tank from the manufact ...
Oil Equipment Co., Inc. v. Modern Welding Co., Inc., 2016 U.S. App. LEXIS 17632 (11th Cir. Sept. 29, 2016): PER CURIAM: This is a products-liability case about an allegedly defective underground storage tank that began to leak. Plaintiff-Appellant Oil Equipment…
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What Is Conduct Unbecoming a Member of the Bar within FRAP 46(b)(1)(B)? — Standards — Factors Relevant to Deciding Whether Sanctions Apt — Range of Sanctions (Discipline) Available — The Vice of Misrepresentation to the Court

Greene v. Exec. Coach & Carriage, 2015 U.S. App. LEXIS 23218 (9th Cir. July 22, 2015): JUDGES: Before: Peter L. Shaw, Appellate Commissioner. OPINION ORDER On February 12, 2015, the court identified a false statement in the answering brief of Defendant-App ...
Greene v. Exec. Coach & Carriage, 2015 U.S. App. LEXIS 23218 (9th Cir. July 22, 2015): JUDGES: Before: Peter L. Shaw, Appellate Commissioner. OPINION ORDER On February 12, 2015, the court identified a false statement in the answering brief of …
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§ 1927 Sanctions Require More Than Negligence, Not Bad Faith (Circuit Split) — Repeating on Rule 59 Motion Args Previously Rejected Sanctionable — Discretion Means Range of Choices — That Other Courts Decided Differenrtly Irrelevant

U.S. ex rel. Hirt v. Walgreen Co., 2017 U.S. App. LEXIS 5245 (6th Cir. Mar. 23, 2017): PER CURIAM. After losing his qui tam lawsuit at the district court, Andrew Hirt, owner of Andy's Pharmacies, filed a Rule 59 motion to vacate or amend the judgment. Hirt failed to persuade the court, and defendant Walgree ...
U.S. ex rel. Hirt v. Walgreen Co., 2017 U.S. App. LEXIS 5245 (6th Cir. Mar. 23, 2017): PER CURIAM. After losing his qui tam lawsuit at the district court, Andrew Hirt, owner of Andy's Pharmacies, filed a Rule 59 motion …
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Pleading: May a Complaint Rely on Allegations in Another Complaint That Has Been Dismissed, Settled or Otherwise Not Resolved? — Case Law Split — (Does It Matter If the Govt. Filed It?) — Settlement Suggests Position at Least Colorable

In re Forcefield Energy Sec. Litig., 2017 U.S. Dist. LEXIS 54606, *29-30 (S.D.N.Y. Mar. 29, 2017): This putative securities class action is brought by shareholders of ForceField Energy Inc. ("ForceField") alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (the "Ex ...
In re Forcefield Energy Sec. Litig., 2017 U.S. Dist. LEXIS 54606, *29-30 (S.D.N.Y. Mar. 29, 2017): This putative securities class action is brought by shareholders of ForceField Energy Inc. ("ForceField") alleging violations of Sections 10(b) and 20(a) of the Securities…
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Sanctions: Knowingly Pursuing Frivolous Claim = Bad Faith — Inherent Power OK If Rule 11 Procedurally Barred — No Due Process If Fee Records Kept under Seal, Away from Offender — Disqualification Appeal Fails If Substitute Counsel Equally Good

Miccosukee Tribe of Indians of Fla. v. Cypress, 2017 U.S. App. LEXIS 7519 (11th Cir. April 28, 2017): PER CURIAM: Appellees Guy A. Lewis, Michael R. Tein, and their law firm, Lewis Tein P.L., move to correct our panel opinion, which Appellants Bernardo Roman III, and Bernardo Roman III, P.A., do not oppose. We grant the motion ...
Miccosukee Tribe of Indians of Fla. v. Cypress, 2017 U.S. App. LEXIS 7519 (11th Cir. April 28, 2017): PER CURIAM: Appellees Guy A. Lewis, Michael R. Tein, and their law firm, Lewis Tein P.L., move to correct our panel opinion,…
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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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