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

Rule 11 Sanctions for Submitting Doctors’ Reports (in Moving for Continuance ) Stating Lawyer “Unable to Perform Simplest Activities of Daily Activity” Where Contradicted by Videos — No Need for Evidentiary Hearing on Rule 11

Ultegra LLC v. Mystic Fire Dist., 2017 U.S. App. LEXIS 1009 (2d Cir. Jan. 20, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellants Gretchen Chipperini and Ultegra LLC sued numerous defendants after an ...
Ultegra LLC v. Mystic Fire Dist., 2017 U.S. App. LEXIS 1009 (2d Cir. Jan. 20, 2017): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellants Gretchen Chipperini and …
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Arbitrability — Challenge to Validity of Arbitration Clause Is for Court to Decide — Challenge to the Contract As a Whole Is for Arbitrator to Decide

S. Jersey Sanitation Co. v. Applied Underwriters Captive Risk Assur. Co., 2016 U.S. App. LEXIS 19245 (3d Cir. Oct. 25, 2016): I. INTRODUCTION Applied Underwriters Captive Risk Assurance Company, Inc. ("Applied Underwriters"), a Berkshire Hathaway Company, appeals from the District Court's deni ...
S. Jersey Sanitation Co. v. Applied Underwriters Captive Risk Assur. Co., 2016 U.S. App. LEXIS 19245 (3d Cir. Oct. 25, 2016): I. INTRODUCTION Applied Underwriters Captive Risk Assurance Company, Inc. ("Applied Underwriters"), a Berkshire Hathaway Company, appeals from the District…
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Wayback Machine on 12(b)(6) Motion to Dismiss: Complaint’s Cite to Wayback Link to Historical Version of Website Affords Defendants Ability to Respond, Defeats 9(b) — Arbitration: Dispute Unrelated to Contract Outside of Broad Arbitration Clause

Dickson v. Gospel for Asia, Inc., 2017 U.S. Dist. LEXIS 6473 (W.D. Ark. Jan. 18, 2017): Before the Court is Defendants' motion (Doc. 23) to compel arbitration and brief in support (Doc. 24). Plaintiffs filed a response (Doc. 31), and Defendants filed a reply (Doc. 36) with leave of Court. Defendants argue that contractual arbitrat ...
Dickson v. Gospel for Asia, Inc., 2017 U.S. Dist. LEXIS 6473 (W.D. Ark. Jan. 18, 2017): Before the Court is Defendants' motion (Doc. 23) to compel arbitration and brief in support (Doc. 24). Plaintiffs filed a response (Doc. 31), and…
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Spoliation of Tangible Evidence — Bad Faith Still Required for Adverse Inference Instruction in Tenth Circuit

Rife v Okla. Dep’t of Public Safety, 2017 U.S. App. LEXIS 1117 (10th Cir. Jan. 23, 2017) (NOTE:  This opinion was amended and is re-excerpted in our posting of June 19, 2017): This case began with the plaintiff, Mr. Clyde Rife, sitting on a motorcycle next to a road, unable to recall the date, the time, or even what he had been doi ...
Rife v Okla. Dep’t of Public Safety, 2017 U.S. App. LEXIS 1117 (10th Cir. Jan. 23, 2017) (NOTE:  This opinion was amended and is re-excerpted in our posting of June 19, 2017): This case began with the plaintiff, Mr. Clyde…
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Facebook Posts of Murder Victim, Offered by Defendant on Issue of Who Was the Aggressor under 803(3), Rejected for Lack of Foundation Tying Content of Posts to Defendant

State v Hall, 2016 Ida. LEXIS 356 (Ida. Nov. 15, 2016): This is an appeal out of Ada County from a judgment of conviction for the crime of murder in the second degree. The primary issue on appeal is whether the district court properly instructed the jury on the issue of self-defense. We hold that the district court did and affirm the ...
State v Hall, 2016 Ida. LEXIS 356 (Ida. Nov. 15, 2016): This is an appeal out of Ada County from a judgment of conviction for the crime of murder in the second degree. The primary issue on appeal is whether…
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District Courts Have a Duty of Inquiry to Determine Whether There Is Verifiable Evidence of the Incompetence of a Pro Se Litigant

Fields v. Venable, 2016 U.S. App. LEXIS 23285 (3d Cir. Dec. 27, 2016): On October 6, 2006, Fields was sentenced by the Honorable Sheila Venable in the Superior Court of New Jersey to a term of confinement of nine years. On January 9, 2011, he was released to a mandatory five-year period of supervision. During that time, Fields repeate ...
Fields v. Venable, 2016 U.S. App. LEXIS 23285 (3d Cir. Dec. 27, 2016): On October 6, 2006, Fields was sentenced by the Honorable Sheila Venable in the Superior Court of New Jersey to a term of confinement of nine years.…
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Digital Evidence — Preservation and Authentication — Mirror Imaging Hard Drives, Risks, Data Degradation — The Deceptive Notion of Data “Files” — The Near Future: Impossible to Recover Deleted Data (2d Cir. En Banc)

United States v. Ganias, 2016 U.S. App. LEXIS 9706 (2d Cir. May 27, 2016) (en banc): OPINION BY: DEBRA ANN LIVINGSTON; GERARD E. LYNCH OPINION Debra Ann Livingston and Gerard E. Lynch, Circuit Judges: Defendant-Appellant Stavros Ganias appeals from a judgment of the United
United States v. Ganias, 2016 U.S. App. LEXIS 9706 (2d Cir. May 27, 2016) (en banc): OPINION BY: DEBRA ANN LIVINGSTON; GERARD E. LYNCH OPINION Debra Ann Livingston and Gerard E. Lynch, Circuit Judges: Defendant-Appellant Stavros Ganias appeals from a…
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Attorney-Client Privilege Inapplicable to Records Generated or Received by Bank from Lawyer/Customer — Privilege Applies Only If Disclosure Would Reveal Attorney-Communications Or = Last Link Likely to Lead to Client Indictment

Zelen v. United States, 2016 U.S. App. LEXIS 17096 (9th Cir. Sept. 13, 2016): Garrett J. Zelen, an attorney, appeals pro se from the district court's order dismissing Zelen's petition to quash an IRS summons for Zelen's bank records. We have jurisdiction under 28 U.S.C. § 1291. We review for clear error t ...
Zelen v. United States, 2016 U.S. App. LEXIS 17096 (9th Cir. Sept. 13, 2016): Garrett J. Zelen, an attorney, appeals pro se from the district court's order dismissing Zelen's petition to quash an IRS summons for Zelen's bank records.…
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RICO: Causation Lacking Where Injury Caused by Former (Withdrawn) Member of Alleged Enterprise — Respondeat Superior Claim Fails with Collapse of Claim against Employee

Ogden v Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 33 (9th Cir. Jan. 3, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Millie Ogden appeals from the district court's dismissal with prejudice of her Racketeer Influenced and Corrup ...
Ogden v Wells Fargo Bank, N.A., 2017 U.S. App. LEXIS 33 (9th Cir. Jan. 3, 2017): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Millie Ogden appeals from …
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Rule 11 Sanctions — Invoking Rule 11 in Opposition Papers Insufficient — Separate Motion Must Be Filed, in Accordance with Rule 11(c)(2)

Pineda v. JTCH Apartments, LLC, 2016 U.S. App. LEXIS 22569 (5th Cir. Dec. 19, 2016): Defendants appeal the district court's award of attorney's fees to Pineda. They do not, however, contest the accuracy of the time entries or the reasonableness of that time in light of the factors listed in Johnson v. Georgia Highway Expre ...
Pineda v. JTCH Apartments, LLC, 2016 U.S. App. LEXIS 22569 (5th Cir. Dec. 19, 2016): Defendants appeal the district court's award of attorney's fees to Pineda. They do not, however, contest the accuracy of the time entries or the reasonableness…
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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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