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

Spoliation — No Adverse Inference If No Causation Because Pertinent Claims Dismissed for Reasons Adverse Inference Wouldn’t Address or Cure

Lopez v. City of West Miami, 2016 U.S. App. LEXIS 18582 (11th Cir. Oct. 17, 2016): Myrna Lopez appeals the district court's grant of summary judgment in favor of her former employer, the City of West Miami, on her claims under the Family and Medical Leave Act, 29 U.S.C. § 2611, et seq., as well as the district court' ...
Lopez v. City of West Miami, 2016 U.S. App. LEXIS 18582 (11th Cir. Oct. 17, 2016): Myrna Lopez appeals the district court's grant of summary judgment in favor of her former employer, the City of West Miami, on her claims…
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Removal — Diversity Jurisdiction — In Declaratory & Injunctive Actions, the Amount in Controversy = Value of the Object of the Litigation — Is Injunctive Relief Measured from Perspective of Plaintiff or Defendant? — Circuit Split

Poplar Avalon, LLC v. Sprintcom, Inc., 2016 U.S. Dist. LEXIS 86497 (W.D. Tenn. July 5, 2016): Before the Court is Plaintiff Poplar Avalon, LLC's Motion to Remand (ECF No. 8) filed on June 14, 2016. Defendant Sprintcom, Inc. has responded in opposition. For the reasons set forth below, the Motion to Remand is DENIED
Poplar Avalon, LLC v. Sprintcom, Inc., 2016 U.S. Dist. LEXIS 86497 (W.D. Tenn. July 5, 2016): Before the Court is Plaintiff Poplar Avalon, LLC's Motion to Remand (ECF No. 8) filed on June 14, 2016. Defendant Sprintcom, Inc. has responded…
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FRAP 38 and § 1927 Sanctions Should Not Be Imposed on Appellant Raising Issue of First Impression — It Is Not Multiplicitous to Raise A Single, Narrow Issue on Appeal

Suazo v. NCL (Bahamas), Ltd., 2016 U.S. App. LEXIS 8575 (11th Cir. May 10, 2016): In this appeal, we address a question of first impression in the Circuit: whether a cruise ship employee who is injured on the job, and whose employment contract contains an arbitration agreement governed by the New York Convention and Chapter 2 ...
Suazo v. NCL (Bahamas), Ltd., 2016 U.S. App. LEXIS 8575 (11th Cir. May 10, 2016): In this appeal, we address a question of first impression in the Circuit: whether a cruise ship employee who is injured on the job, and …
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Judicial Notice of Internet Evidence — State Agency Administrative Directive As Appearing on Agency Website

Chambers v. Johnpierre, 2016 U.S. Dist. LEXIS 135140 (D. Conn. Sept. 30, 2016): An inmate at a Connecticut Department of Correction facility who wishes to file a grievance must follow the procedure established in Connecticut Department of Correction Administrative Directive 9.6 ("Directive"). See Administrat ...
Chambers v. Johnpierre, 2016 U.S. Dist. LEXIS 135140 (D. Conn. Sept. 30, 2016): An inmate at a Connecticut Department of Correction facility who wishes to file a grievance must follow the procedure established in Connecticut Department of Correction Administrative Directive …
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RICO Personal Jurisdiction — Does § 1965 Provide Nationwide Jurisdiction or Only Nationwide Service? — Circuit Split — Issue: Must Plaintiff 1st Establish Personal Jurisdiction Over 1 Defendant before Court May Exercise Jurisdiction Over Nonresiden

Domain Protection LLC v. Keating, 2016 U.S. Dist. LEXIS 135093 (N.D. Tex. Sept. 30, 2016): Before the court are Defendant Paul Keating's Renewed Motion to Dismiss (Doc. 9), filed September 2, 2015; and Plaintiff Domain Protection's Motion for Reconsideration (Doc. 23), filed April 18, 2016. After carefully considering the moti ...
Domain Protection LLC v. Keating, 2016 U.S. Dist. LEXIS 135093 (N.D. Tex. Sept. 30, 2016): Before the court are Defendant Paul Keating's Renewed Motion to Dismiss (Doc. 9), filed September 2, 2015; and Plaintiff Domain Protection's Motion for Reconsideration (Doc.…
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Social Media Evidence — Pick Your User Name At Your Peril: Facebook User Name Admitted Over Objection That It Constituted Inadmissible Character Evidence

Commonwealth v. Clancy, 2017 Pa. Super. Unpub. LEXIS 673 (Pa. Super. Ct. Feb. 22, 2017): Appellant, Javonn Eric Clancy, appeals from the order entered in the Beaver County Court of Common Pleas, which denied his first petition brought pursuant to the Post Conviction Relief Act ("PCRA").1 We affirm. *** ...
Commonwealth v. Clancy, 2017 Pa. Super. Unpub. LEXIS 673 (Pa. Super. Ct. Feb. 22, 2017): Appellant, Javonn Eric Clancy, appeals from the order entered in the Beaver County Court of Common Pleas, which denied his first petition brought pursuant to…
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Sanctions — Spoliation — While District Court Is Generally Required to Give Reasons for Denying Sanctions, It Need Not Belabor the Obvious (Good Quote)

Saldivar v. Austin Independent School Dist., 2016 U.S. App. LEXIS 23389 (5th Cir. Dec. 29, 2016): 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 $W5t ...
Saldivar v. Austin Independent School Dist., 2016 U.S. App. LEXIS 23389 (5th Cir. Dec. 29, 2016): PER CURIAM:* *   Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent…
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Appeals — Circuit Won’t Consider Args. Lacking the Reasoning, Authorities Required by FRAP 28(a)(8)(A) — RICO SOL Not Based on Last Predicate Rule — Court Construes Pro Se Filings Liberally But Isn’t Their Advocate (Good Quote)

Armstrong v Wyoming Dept. of Envt’l Quality, 2017 U.S. App. LEXIS 179 (10th Cir. Jan. 5, 2017): *   After examining Armstrong's brief and the appellate record, this panel has determined unanimously that oral argument wouldn't materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th ...
Armstrong v Wyoming Dept. of Envt’l Quality, 2017 U.S. App. LEXIS 179 (10th Cir. Jan. 5, 2017): *   After examining Armstrong's brief and the appellate record, this panel has determined unanimously that oral argument wouldn't materially assist in the determination…
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Dismissal for Failure to Prosecute: 5-Factor Test — Not Enough for Pro Se, after 5 Years of Litigation, to Announce He’s Not Ready to Go to Trial — Abuse of Discretion: Step 1 — Did Trial Court ID Correct Legal Rule?

Calloway v. Hayward, 2016 U.S. App. LEXIS 10207 (9th Cir. June 6, 2016) (split panel): Plaintiff Jamisi Jermaine Calloway appeals the district court's sua sponte dismissal of his case based on his representations at a trial confirmation hearing that he was unable to proceed to trial. Calloway also argues that the district ...
Calloway v. Hayward, 2016 U.S. App. LEXIS 10207 (9th Cir. June 6, 2016) (split panel): Plaintiff Jamisi Jermaine Calloway appeals the district court's sua sponte dismissal of his case based on his representations at a trial confirmation hearing that he…
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Particularly Wide Discretion Given to Rule 37(c)(1) Sanctions (Here, for Failure to Timely File Expert Reports) — Nominal Attorney’s Fees for Responding to Motion to Modify Scheduling Order for More Time to File Expert Reports, after Deadline Lapsed

LeFay v. LeFay, 2016 U.S. App. LEXIS 23109 (9th Cir. December 22, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.   Sharron LeFay ("Sharron") appeals the district court's summary judgment ruling that Officer Darryll Van De ...
LeFay v. LeFay, 2016 U.S. App. LEXIS 23109 (9th Cir. December 22, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.   Sharron LeFay ("Sharron") 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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