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

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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Rooker-Feldman Bars Federal Claim If Relief Sought Is Vacatur of State Court Judgment (Here, Claim RICO Fraud Perpetrated on State Court) — There Must Be Independent Injury — Dismissal Must Be without Prejudice (No Jurisdiction)

Mains v. Citibank, N.A., 2017 U.S. App. LEXIS 5429 (7th Cir. Mar. 29, 2017): Eric Mains has been battling the impending foreclosure of his home for quite some time. Most recently, he brought an action in federal court raising various state and federal law theories, related primarily to alleged fraudulent activity by the defendants ...
Mains v. Citibank, N.A., 2017 U.S. App. LEXIS 5429 (7th Cir. Mar. 29, 2017): Eric Mains has been battling the impending foreclosure of his home for quite some time. Most recently, he brought an action in federal court raising various…
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RICO — Shareholder Lacks Standing to Sue If Losses Are Derivative of Corporation’s — Officer Who Signs Fraudulently-Induced Loan Documents Has No Claim Where Misrepresentations Made to Induce Corp. to Borrow

Blixeth v. Cushman & Wakefield of Colo., Inc., 2017 U.S. App. LEXIS 1943 (10th Cir. Feb. 3, 2017): *   This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10t ...
Blixeth v. Cushman & Wakefield of Colo., Inc., 2017 U.S. App. LEXIS 1943 (10th Cir. Feb. 3, 2017): *   This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral…
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Rule 11 Sanctions for Continuing to Assert Claims after Evidence Disproved Them — Avoiding Chilling Civil Rights Litigation Is a Valid Concern — So Is the Corrosive Effect of Frivolous Suits on Legitimate Civil Rights Cases — Good Quotes

Aldridge v. City of Warren, 2017 U.S. App. LEXIS 5085 (6th Cir. Mar. 20, 2017): This case involves the grant of summary judgment for defendants and the imposition of sanctions against plaintiff Joshua Aldridge arising out of a complaint that police officers stopped him on his way to work, dragged him across the ground, and bea ...
Aldridge v. City of Warren, 2017 U.S. App. LEXIS 5085 (6th Cir. Mar. 20, 2017): This case involves the grant of summary judgment for defendants and the imposition of sanctions against plaintiff Joshua Aldridge arising out of a complaint that …
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YouTube Video Admissible Based on Contents + Testimony a YouTube Video Was Made — Hearsay: Offering a Product for Sale Is a Verbal Act — Experts/Daubert: Judge Not Factfinder, Credibility Assessor (Good Quotes) — Survey Admissibility

Carucel Invs. LP v. Novatel Wireless, Inc., 2017 U.S. Dist. LEXIS 50855 (S.D. Cal. April 3, 2017): *** Background On May 27, 2015, Plaintiff Carucel Investments, L.P. filed a complaint for patent infringement in the United States District Court for the Southern District of Florida against Defendan ...
Carucel Invs. LP v. Novatel Wireless, Inc., 2017 U.S. Dist. LEXIS 50855 (S.D. Cal. April 3, 2017): *** Background On May 27, 2015, Plaintiff Carucel Investments, L.P. filed a complaint for patent infringement in the United States District Court for…
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Facebook Authentication — Party’s Posts Are Admissions; Others’ Comments Are Hearsay (Here, Redacted)

Ripstra v. State, 2016 Tex. App. LEXIS 13778 (Tex. Ct. App. Dec. 29, 2016): In four issues, Katie Alice Ripstra appeals her two convictions for felony injury to a child. She challenges (1) the legal sufficiency of the evidence in support of the jury's guilty verdicts; (2) the trial court's denial of her motion ...
Ripstra v. State, 2016 Tex. App. LEXIS 13778 (Tex. Ct. App. Dec. 29, 2016): In four issues, Katie Alice Ripstra appeals her two convictions for felony injury to a child. She challenges (1) the legal sufficiency of the evidence in…
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Rule 11 — When District Court Denies Sanctions, It Must Provide an Explanation Sufficient for the Court of Appeals to Understand Its Disposition — Remand Otherwise Required

Armendariz v. Chowaiki, 2017 U.S. App. LEXIS 5531 (5th Cir. Mar. 30, 2017): PER CURIAM:* *   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.
Armendariz v. Chowaiki, 2017 U.S. App. LEXIS 5531 (5th Cir. Mar. 30, 2017): PER CURIAM:* *   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…
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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