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: No Injury Where Landlord Breached Statutory Duty to List on Lease Address of Bank in Which Security Deposits Held But Gave Plaintiffs Everything They Were Owed — To Allege that a Fact Is or Is Not True Is Not a Factual Claim at All (Good Quote)

Wall v. Michigan Rental, 2017 U.S. App. LEXIS 4094 (6th Cir. Mar. 6, 2017): What started out as a landlord-tenant dispute has become a lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO). Mariah Wall, Christopher Boston, and Craig Mulhinich allege that Zaki Jamil Alawi and his companies committed federal wire, ...
Wall v. Michigan Rental, 2017 U.S. App. LEXIS 4094 (6th Cir. Mar. 6, 2017): What started out as a landlord-tenant dispute has become a lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO). Mariah Wall, Christopher Boston, and Craig…
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Noerr-Pennington Doctrine Protects Actions before Courts and Administrative Agencies, Pre-Litigation Threat Letters and Settlement Offers and “Concerted Efforts Incident to Litigation” — Sham Exception Requires Objective Baselessness

Singh v. NYCTL 2009-A Trust, 2017 U.S. App. LEXIS 4961 (2d Cir. Mar. 21, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby is AFFIRMED. Plaintiff-appellant Powan K. Singh ap ...
Singh v. NYCTL 2009-A Trust, 2017 U.S. App. LEXIS 4961 (2d Cir. Mar. 21, 2017): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby is AFFIRMED…
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Removal: Given That District Court May Not Sua Sponte Remand for a Procedural Defect, Is Removal by a Forum Defendant Procedural or Jurisdictional? — Circuit Split — Domicile, Not Residence, Determines Citizenship for Diversity Purposes

Martin v. Phillips, 2017 U.S. Dist. LEXIS 37792 (M.D. Fla. Mar. 16, 2017): ORDER THIS CAUSE is before the Court sua sponte. Federal courts are courts of limited jurisdiction and therefore have an obligation to inquire into their subject matter jurisdiction. See Kirkland v. Midland Mo ...
Martin v. Phillips, 2017 U.S. Dist. LEXIS 37792 (M.D. Fla. Mar. 16, 2017): ORDER THIS CAUSE is before the Court sua sponte. Federal courts are courts of limited jurisdiction and therefore have an obligation to inquire into their subject matter…
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Who Bears the Burden of Proof as to Service When It Is Challenged after a Default Judgment Has Been Entered? — Circuit Split

McGehee v. Diversified Global Servs., LLC, 2017 U.S. Dist. LEXIS 38810 (D. Tenn. Mar. 17, 2017) (R&R): Authority is split as to who bears the burden of proof when service is challenged after default judgment has been entered. It is well-settled that the plaintiff bears the burden to establish that service [*9] ...
McGehee v. Diversified Global Servs., LLC, 2017 U.S. Dist. LEXIS 38810 (D. Tenn. Mar. 17, 2017) (R&R): Authority is split as to who bears the burden of proof when service is challenged after default judgment has been entered. It is…
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Sanctions: Due Process Satisfied If Court Exercises Personal Jurisdiction over Individual Who Is Alter Ego of Entity over Which Court Has Jurisdiction — Appeals: Contentions Not Raised in Argument Section of Opening Brief Waived

Aldmyr Sys., Inc. v. Friedman, 2017 U.S. App. LEXIS 2338 (4th Cir. Feb. 9, 2017): PER CURIAM: Aldmyr Systems, Inc., and Zegato Solutions, Inc. (collectively "Appellants"), appeal the district court's dismissal of their complaint and the court's determination that sanctions were warranted against Appellants, th ...
Aldmyr Sys., Inc. v. Friedman, 2017 U.S. App. LEXIS 2338 (4th Cir. Feb. 9, 2017): PER CURIAM: Aldmyr Systems, Inc., and Zegato Solutions, Inc. (collectively "Appellants"), appeal the district court's dismissal of their complaint and the court's determination that sanctions…
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RICO Conspiracy: Neither Suspicions about Nor Investigation into Miscreant’s Conduct = Conspiracy, Which Requires More Than Knowledge & Presence — Pleading: Importance of Including a General Denial in Answer (Good Language to Quote)

Aguilar v. PNC Bank, N.A., 2017 U.S. App. LEXIS 2150 (8th Cir. Feb. 7, 2017): Ninety-two plaintiffs1 filed suit against PNC Bank, N.A. (PNC), alleging, among other things, (1) violations of Missouri's Uniform Fiduciaries Law (UFL); (2) aiding and abetting the breach of ...
Aguilar v. PNC Bank, N.A., 2017 U.S. App. LEXIS 2150 (8th Cir. Feb. 7, 2017): Ninety-two plaintiffs1 filed suit against PNC Bank, N.A. (PNC), alleging, among other things, (1) violations of Missouri's Uniform Fiduciaries Law (UFL); (2) aiding and…
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Internet Evidence — Municipal Government Program Accessed via Wayback Machine — Implicit Judicial Notice of Program’s Self-Description on Its Website as of 2011

Ferone v. Colvin, 2015 U.S. Dist. LEXIS 181826 (S.D.N.Y. June 17, 2016) (R&R): I. Introduction   Plaintiff, Nanette L. Ferone, brings this action pursuant to Section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), seeking judicial review of a fina ...
Ferone v. Colvin, 2015 U.S. Dist. LEXIS 181826 (S.D.N.Y. June 17, 2016) (R&R): I. Introduction   Plaintiff, Nanette L. Ferone, brings this action pursuant to Section 205(g) of the Social Security Act (the "Act"), 42 U.S.C. § 405(g), seeking judicial review …
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Evidence-Summarizing Charts under Fed. R. Evid. 1006 — Non-Voluminous Information (Texts) May Be Deemed Voluminous When It Cannot Conveniently Be Examined in Court and Is Pulled from Vast Fields of Information

Osborne, 2017 U.S. App. LEXIS 59 (11th Cir. Jan. 4, 2017):  PER CURIAM: Appellant Damien Bernard Osborne challenges his conviction for armed bank robbery, following a three-day jury trial. He raises arguments that the district court improperly admitted two categories of evidence: (1) text messages between a cell-phone number attributed ...
Osborne, 2017 U.S. App. LEXIS 59 (11th Cir. Jan. 4, 2017):  PER CURIAM: Appellant Damien Bernard Osborne challenges his conviction for armed bank robbery, following a three-day jury trial. He raises arguments that the district court improperly admitted two categories…
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Sua Sponte Rule 11 Sanctions — More Exacting Abuse of Discretion Review — Akin-to-Contempt Standard (2d Circuit) — Deception of the Court by Omission

Revellino & Byczek, LLP v. Port Auth. of NY & NJ, 2017 U.S. App. LEXIS 4508 (2d Cir. Mar. 15 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellants Anthony Mahoney and the law ...
Revellino & Byczek, LLP v. Port Auth. of NY & NJ, 2017 U.S. App. LEXIS 4508 (2d Cir. Mar. 15 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court…
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RICO: Non-Specific Allegations of Relationship and Continuity Fail to Plausibly Allege Pattern — No Conspiracy If No Substantive Violation — Diversity: No Right to Have Jury Determine Domicile

Yagman v. Gabbert, 2017 U.S. App. LEXIS 5019 (9th Cir. Mar. 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-Appellant Stephen Yagman appeals the district court's dismissal of his Racketeer Influenced and Corrupt Organizations ...
Yagman v. Gabbert, 2017 U.S. App. LEXIS 5019 (9th Cir. Mar. 21, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiff-Appellant Stephen Yagman appeals the district court's…
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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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