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 — Court May Take Notice of Defendant’s Website in Deciding Personal Jurisdiction

Almquist v. Synergo, LLC, 2016 U.S. Dist. LEXIS 79261 (D. Ore. May 20, 2016): Cassidy Almquist ("Almquist") filed an Amended Complaint against Synergo, LLC, an Oregon limited liability company, Synergo, an Oregon corporation (collectively "Synergo"), and the Association for Challenge Course Technology, a Delaware n ...
Almquist v. Synergo, LLC, 2016 U.S. Dist. LEXIS 79261 (D. Ore. May 20, 2016): Cassidy Almquist ("Almquist") filed an Amended Complaint against Synergo, LLC, an Oregon limited liability company, Synergo, an Oregon corporation (collectively "Synergo"), and the Association for Challenge…
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Inherent Power Sanctions — More Probing Appellate Review — Vexatious Litigant Injunctions & All Writs Act — Factors — Extrajudicial Misconduct: Acts before District Court Sanctionable by Bankruptcy Court Because in Same Case

Matter of Carroll (Carroll v. Abide, 2017 U.S. App. LEXIS 4367 (5th Cir. Mar. 13, 2017): PER CURIAM: The bankruptcy court declared William Douglas Carroll, Carolyn K. Carroll, Pamela K. Alonso, and Cynthia G. O'Neal vexatious litigants and set forth a pre-filing injunction against them. It also sanctioned the Carrol ...
Matter of Carroll (Carroll v. Abide, 2017 U.S. App. LEXIS 4367 (5th Cir. Mar. 13, 2017): PER CURIAM: The bankruptcy court declared William Douglas Carroll, Carolyn K. Carroll, Pamela K. Alonso, and Cynthia G. O'Neal vexatious litigants and set forth …
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Judicial Notice of Internet Evidence — U.S. Patent Office Records on 12(b)(6) Motion Only for the Limited Purpose of Showing Dates of Filings and Actions Described Therein

Morton & Bassett, LLC v. Organic Spices, Inc., 2016 U.S. Dist. LEXIS 120092 (N.D. Cal. Sept. 6, 2016): Before the Court is the motion to dismiss filed by Defendant-Counterclaimant Organic Spices, Inc. ("Defendant"). Dkt. No. 40 ("Mot."). Defendant moves to dismiss Plaintiff Morton & Bassett, LLC's ("Plaint ...
Morton & Bassett, LLC v. Organic Spices, Inc., 2016 U.S. Dist. LEXIS 120092 (N.D. Cal. Sept. 6, 2016): Before the Court is the motion to dismiss filed by Defendant-Counterclaimant Organic Spices, Inc. ("Defendant"). Dkt. No. 40 ("Mot."). Defendant moves to…
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RICO: Parallel Conduct, Even with Knowledge of Others’ Acts, Cannot Support a Plausible Inference of Agreement or Relationships Needed to State Enterprise — Twombly Parallel-Conduct Standard Also Applies to Conspiracy

Almanza v. United Airlines, Inc., 2017 U.S. App. LEXIS 4377 (11th Cir. Mar. 13, 2017): Some find travel taxing. Plaintiffs in this case are among them, but not for the usual reasons. Plaintiffs are Mexican nationals who, in flying with the Defendant airlines to and from the United States and Mexico, were charged, as part of th ...
Almanza v. United Airlines, Inc., 2017 U.S. App. LEXIS 4377 (11th Cir. Mar. 13, 2017): Some find travel taxing. Plaintiffs in this case are among them, but not for the usual reasons. Plaintiffs are Mexican nationals who, in flying with …
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Spoliation of Tangible Evidence (Pre-37(e)): Even If Adverse Inference Instruction Is Permissible, Court Is Not Required to Issue It — Parties Allowed to Argue Their Positions to the Jury — Whether to Instruct Depends on Motive / Degree of Fault

Garcia Miranca v. Wyatt, 2017 U.S. App. LEXIS 3193 (9th Cir. Feb. 22, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rafael Garcia Miranda and Olga Martha Garcia (collectively "Plaintiffs") appeal the district court's dec ...
Garcia Miranca v. Wyatt, 2017 U.S. App. LEXIS 3193 (9th Cir. Feb. 22, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Rafael Garcia Miranda and Olga Martha …
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Sanctions: While Rule 11 Requires Conduct Violating 11(b)(1), (2), (3) or(4), Violation of the Duty of Candor Is Sanctionable under Inherent Power — Counsel’s Less-Than-Clear Comments Cannot Mislead Court That Knows True Facts

Level 3 Commc’ns, LLC v. United States, 2017 U.S. Claims LEXIS 202 (Ct. Fed. Claims Mar. 16, 2017): RULING REGARDING THE COURT'S DECEMBER 5, 2016 NOTICE FOR THE GOVERNMENT TO SHOW CAUSE WHY RCFC 11(b) WAS NOT VIOLATED This bid protest concerns a decision of the Defense Information Systems Agency ("D ...
Level 3 Commc’ns, LLC v. United States, 2017 U.S. Claims LEXIS 202 (Ct. Fed. Claims Mar. 16, 2017): RULING REGARDING THE COURT'S DECEMBER 5, 2016 NOTICE FOR THE GOVERNMENT TO SHOW CAUSE WHY RCFC 11(b) WAS NOT VIOLATED This bid…
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Judicial Notice of Internet Evidence — Wayback Machine — If Judicial Notice Independently Taken by Court, Need to Give Parties Notice Per Rule 201(e)

DistributorsOutlet.com LLC v. Glasstree, Inc., 2016 U.S. Dist. LEXIS 76248 (E.D.N.Y. June 10, 2016): Plaintiff DistributorsOutlet.com, LLC, an online merchant, brought this action in December 2011 against Glasstree, Inc., a web hosting and design company; two Glasstree principals; and Glasstree Racing LLC (collectively, "Defendan ...
DistributorsOutlet.com LLC v. Glasstree, Inc., 2016 U.S. Dist. LEXIS 76248 (E.D.N.Y. June 10, 2016): Plaintiff DistributorsOutlet.com, LLC, an online merchant, brought this action in December 2011 against Glasstree, Inc., a web hosting and design company; two Glasstree principals; and Glasstree…
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Appeals — No Jurisdiction to Review Arguments That Should’ve Been, But Weren’t, Raised in Prior Direct Appeal — Untimely 2d Motion for Reconsideration Doesn’t Toll Deadline for Filing Appeal

Lora v. NHS, Inc., 2016 U.S. App. LEXIS 19333 (3d Cir. Oct. 26, 2016): Yenny Lora and Mercedes Palma appeal the imposition of costs, and their attorney, Raul Jauregui, appeals the imposition of sanctions. The United States District Court for the Eastern District of Pennsylvania imposed those costs and sanctions for abuse of the discov ...
Lora v. NHS, Inc., 2016 U.S. App. LEXIS 19333 (3d Cir. Oct. 26, 2016): Yenny Lora and Mercedes Palma appeal the imposition of costs, and their attorney, Raul Jauregui, appeals the imposition of sanctions. The United States District Court for…
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Privilege/Work Product — Crime Fraud Exception Requires Proof Lawyer’s Work Product Was Used in Furtherance of Fraud — Not Enough to Show That Client Was Thinking about Defrauding and Wanted to Discuss It

In re Grand Jury Matter#3, 2017 U.S. App. LEXIS 1498 (3d Cir. Jan. 27, 2017): PER CURIAM.1 1   In response to Appellant John Doe's Petition for En Banc Rehearing (which also requests panel rehearing, a presumption in any event under Third Circuit Internal Operating Procedure ...
In re Grand Jury Matter#3, 2017 U.S. App. LEXIS 1498 (3d Cir. Jan. 27, 2017): PER CURIAM.1 1   In response to Appellant John Doe's Petition for En Banc Rehearing (which also requests panel rehearing, a presumption in any event under…
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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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