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

$2.5 Million in Attorney’s Fees Properly Awarded under 35 U.S.C. § 285 Even Though Sanctions Rightly Denied under 28 U.S.C. § 1927 and Inherent Power

Nova Chemicals Corp. (Canada) v. Dow Chemical Co., 2017 U.S. App. LEXIS 8338 (Fed. Cir. May 11, 2017): NOVA Chemicals Corp. (Canada) and NOVA Chemicals Inc. (Delaware) (collectively, "NOVA") appeal the district court's award of approximately $2.5 million in attorney fees to Dow Chemical Co. ("Dow") unde ...
Nova Chemicals Corp. (Canada) v. Dow Chemical Co., 2017 U.S. App. LEXIS 8338 (Fed. Cir. May 11, 2017): NOVA Chemicals Corp. (Canada) and NOVA Chemicals Inc. (Delaware) (collectively, "NOVA") appeal the district court's award of approximately $2.5 million in attorney …
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Judicial Notice of Internet Evidence — Federal Court May Take Judicial Notice of State Court Dockets and Pleadings Available on the Internet

Hall v. CSP-Los Angeles, 2017 U.S. Dist. LEXIS 72931 (C.D. Cal. Feb. 15, 2017): REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 05-07 of the United Stat ...
Hall v. CSP-Los Angeles, 2017 U.S. Dist. LEXIS 72931 (C.D. Cal. Feb. 15, 2017): REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This Report and Recommendation is submitted to the Honorable R. Gary Klausner, United States District Judge, pursuant to…
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RICO Statute of Limitations: Injury Occurs When Amount of Damages Is Clear, Definite — Investment Injury for Which Investor Has No Contractual or Legal Remedies Accrues at Time of Investment — Standards for Actual/Inquiry Notice, Equitable Tolling

Rosenshein v. Meshel, 2017 U.S. App. LEXIS 6960 (2d Cir. April 21, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on August 29, 2016, is AFFIRMED. Plaintiff Arnold Rosenshein, a real estate investor, sued defendants under the Racketeer Influenced and Corrupt Organiza ...
Rosenshein v. Meshel, 2017 U.S. App. LEXIS 6960 (2d Cir. April 21, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on August 29, 2016, is AFFIRMED. Plaintiff Arnold Rosenshein, a real estate investor, …
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Inherent Power Sanctions — Vexatious Litigant Injunction — Factors — Apt in “Extraordinary Circumstances,” Even If Other Rules Apply — Repeated Litigation of Same Issues without Any Objective Good Faith Hope of Winning

Armatas v. Maroulleti, 2017 U.S. App. LEXIS 8628 (2d Cir. May 17, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED in part, and the appeal is DISMISSED in p ...
Armatas v. Maroulleti, 2017 U.S. App. LEXIS 8628 (2d Cir. May 17, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the district court are AFFIRMED in part, and the appeal is…
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Rule 11 Sanctions: Appellate Jurisdiction — Once All Issues Relating to Order Adjudicated, Premature Notice of Appeal Ripens (All Details of Non-Monetary Sanctions Need Not Be Settled) — Law School Lectures as Sanction

Salmon v Nutra Pharma Corp., 2017 U.S. App. LEXIS 7544 (10th Cir. April 28, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. ...
Salmon v Nutra Pharma Corp., 2017 U.S. App. LEXIS 7544 (10th Cir. April 28, 2017): *   After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this…
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Supreme Court: Arbitration — Rule That Inhibits Entering Arbitration Agreement (Requires Power of Attorney to Specifically OK Jury Waiver) Violates FAA — Rule “Applicable to Arbitration Agreements and Black Swans” (Good Quotes)

Kindred Nursing Ctrs. LP v. Clark, 2017 U.S. LEXIS 2948 (U.S. May 15, 2017): The Federal Arbitration Act (FAA or Act) requires courts to place arbitration agreements [*5]  "on equal footing with all other contracts." DIRECTV, Inc. v. Imburgia, 577 U. S. ___, ___, 136 S. Ct. 463, 468, 19 ...
Kindred Nursing Ctrs. LP v. Clark, 2017 U.S. LEXIS 2948 (U.S. May 15, 2017): The Federal Arbitration Act (FAA or Act) requires courts to place arbitration agreements [*5]  "on equal footing with all other contracts." DIRECTV, Inc. v. Imburgia,…
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Instagram Authentication — Contents, Including Photos with Kids, Sufficient Evidence of Authenticity — Burden on Opponent to Show Hacking — “To Agree Evidence Is Weak Is Not to Agree It Is Speculative or Untenable” (Good Quote)

People v. Taylor, 2017 Cal. App. Unpub. LEXIS 3247 (Cal. Ct. App. May 12, 2017): Following a joint trial, a jury convicted Ruben Ramon Guajardo, the shooter, and his cousin Gino Wayne Taylor, an aider ...
People v. Taylor, 2017 Cal. App. Unpub. LEXIS 3247 (Cal. Ct. App. May 12, 2017): Following a joint trial, a jury convicted Ruben Ramon Guajardo, the shooter, and his cousin Gino Wayne Taylor, an aider and abettor, of the first …
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Cumulative Racist Text Messages Excluded under Rule 403 in Employment Discrimination Trial — Attempted Spoliation of Texts Excluded as Irrelevant Where Contents “Repeated for the Jury Ad Nauseam”

Phoenix v. Coatesville Area Sch. Dist., 2017 U.S. App. LEXIS 4871 (3d Cir. Mar. 20, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In an employment discrimination action alleging constructive discharge on the basis of race, Jahmal Phoen ...
Phoenix v. Coatesville Area Sch. Dist., 2017 U.S. App. LEXIS 4871 (3d Cir. Mar. 20, 2017): *   This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. In an employment …
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Rule 11, §1927 and Inherent Power Sanctions — Standards — Vexatious Litigant Injunctions Typically Used for Egregious Abuse of the Judicial Process — Mere Lack of Merit Insufficient for Imposition of Sanctions (Good Quotes)

Sorenson v. Wolfson, 2017 U.S. App. LEXIS 4591 (2d Cir. Mar. 16, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellant Stanley Wolfson appeals from the district court ...
Sorenson v. Wolfson, 2017 U.S. App. LEXIS 4591 (2d Cir. Mar. 16, 2017): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. Appellant Stanley Wolfson appeals from…
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RICO/McCarran Ferguson: Claims Attacking Financial Condition, Accounting of Insurer Impair Regulation of Insurance, Requiring Second Guessing of Regulatory Judgments — Twiqbal: Unsophistication of Plaintiff Doesn’t Render Complex Claims Implausible

Ludwick v. Harbinger Grp., Inc., 2017 U.S. App. LEXIS 6391 (8th Cir. April 13, 2017): The question in this case is whether letting Dale Ludwick pursue her federal racketeering claims against an insurance company and its affiliates would impair state regulation of the insurance business in Iowa, Maryland, or Missouri. We agree ...
Ludwick v. Harbinger Grp., Inc., 2017 U.S. App. LEXIS 6391 (8th Cir. April 13, 2017): The question in this case is whether letting Dale Ludwick pursue her federal racketeering claims against an insurance company and its affiliates would impair state …
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Recent Posts

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

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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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