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

If Arbitration Clause Incorporates Organization’s Rules, It Is the Version in Effect at Signing — FAA’s Presumption in Favor of Arbitration Doesn’t Apply to Whether Agreement to Arbitrate Exists, Does Apply to Interpretation of Scope

Lenox Corp. v. Blackshear, 2016 U.S. Dist. LEXIS 177170 (E.D. Pa. Dec. 22, 2016): Plaintiff Lenox Corporation ("Lenox") brings suit against Defendants Thomas Blackshear, Roger W. Rawls, Blackshear Enterprises, Inc., and Keepsakes and Collectables, LLC1 alleging trademark infringement, unfair competition, and false ...
Lenox Corp. v. Blackshear, 2016 U.S. Dist. LEXIS 177170 (E.D. Pa. Dec. 22, 2016): Plaintiff Lenox Corporation ("Lenox") brings suit against Defendants Thomas Blackshear, Roger W. Rawls, Blackshear Enterprises, Inc., and Keepsakes and Collectables, LLC1 alleging trademark infringement, unfair competition,…
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Twitter Admissibility: Any Ambiguity in Tweets Is for Jury — Tweets Admissible to Show Consciousness of Guilt

Commonwealth v. Bradshear, 2016 Pa. Super. Unpub. LEXIS 4759 (Pa. Super. Ct. Dec. 30, 2016): Appellant Rafael Bradshear appeals from the judgment of sentence imposed after he was convicted of aggravated assault, unlawful possession of a firearm, carrying a firearm without a license, and possession of an instrument of crime.1
Commonwealth v. Bradshear, 2016 Pa. Super. Unpub. LEXIS 4759 (Pa. Super. Ct. Dec. 30, 2016): Appellant Rafael Bradshear appeals from the judgment of sentence imposed after he was convicted of aggravated assault, unlawful possession of a firearm, carrying a firearm…
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Rule 37 Sanctions: Broad Judicial Discretion, Multifactor Test (2d Cir.) — May Plaintiff Proceed to Trial Anonymously: Discretionary, Multifactor Test — Waiver of Privilege Reviewed for Abuse of Discretion

Doe v. Delta Airlines Inc., 2016 U.S. App. LEXIS 21270 (2d Cir. Nov. 29, 2016):  UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the District Court be and hereby are AFFIRMED. Plaintiff-Appellant Jane Doe appeals from nine orders of the District C ...
Doe v. Delta Airlines Inc., 2016 U.S. App. LEXIS 21270 (2d Cir. Nov. 29, 2016):  UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders of the District Court be and hereby are AFFIRMED. Plaintiff-Appellant…
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Inherent Power Sanctions — $100,000 in Fees for Frivolous Bankruptcy (Ch. 7) Filing — Bad Faith Need Not Be Shown by Clear and Convincing Evidence — Bad Faith Finding Reviewed for Clear Error

In re Little Rest Twelve, Inc. (Zeltser v. Little Rest Twelve, Inc.), 2016 U.S. App. LEXIS 21803 (11th Cir. Dec. 8, 2016): Emanuel Zeltser appeals a bankruptcy court's orders sanctioning him for filing a bankruptcy petition in bad faith and awarding Little Rest Twelve, Inc. the amount of legal fees incurred as a result of that pet ...
In re Little Rest Twelve, Inc. (Zeltser v. Little Rest Twelve, Inc.), 2016 U.S. App. LEXIS 21803 (11th Cir. Dec. 8, 2016): Emanuel Zeltser appeals a bankruptcy court's orders sanctioning him for filing a bankruptcy petition in bad faith and…
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Adverse Inference against Client Based on His Lawyer’s Invocation of Fifth Amendment — No Claim in NY for Harm to C Based on A’s Deception of B and B’s Action in Reliance, But C Has Claim If B Conveyed the Misstatement & C Relied on It Directly

Amusement Indus., Inc. v. Stern, 2016 U.S. Dist. LEXIS 163036 (S.D.N.Y. Nov. 10, 2016): Plaintiff Amusement Industry, Inc. ("Amusement") moves for summary judgment as against defendant Moses Stern. In a report and recommendation dated August 10, 2016 [DI 862] (the "R&R"), familiarity with which is assumed, Magi ...
Amusement Indus., Inc. v. Stern, 2016 U.S. Dist. LEXIS 163036 (S.D.N.Y. Nov. 10, 2016): Plaintiff Amusement Industry, Inc. ("Amusement") moves for summary judgment as against defendant Moses Stern. In a report and recommendation dated August 10, 2016 [DI 862] (the…
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Pending Spoliation Motion Waived by Litigating Summary Judgment and Failing to Alert Court That the Spoliation Motion Could Affect SJ Outcome

Helget v. City of Hays, 2017 U.S. App. LEXIS 140 (10th Cir. Jan. 4, 2017): Firma Helget worked for the City of Hays, Kansas, as the administrative secretary for the Hays Police Department. In 2012, the City terminated Helget, and she initiated this 42 U.S.C. § 1983 action against the City, City Manager Toby Dougherty, and Police Chie ...
Helget v. City of Hays, 2017 U.S. App. LEXIS 140 (10th Cir. Jan. 4, 2017): Firma Helget worked for the City of Hays, Kansas, as the administrative secretary for the Hays Police Department. In 2012, the City terminated Helget, and…
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RICO — Failure to Identify Each Defendant’s Racketeering Activity, Treating All Defendants As a Single Entity, Fails to Satisfy 9(b) — Conclusory Allegations of Non-Fraud Predicates May Render Complaint Unintelligible

Transatlantic, LLC v. Humana, Inc., 2016 U.S. App. LEXIS 20264 (11th Cir. Nov. 10, 2016): PER CURIAM: Transatlantic, LLC, appeals the dismissal of its third amended complaint against Humana, Inc., Humana Insurance Company, Humana Health Insurance Company of Florida, Inc., Humana Medical Plan, Inc., and PCA Family Health Plans o ...
Transatlantic, LLC v. Humana, Inc., 2016 U.S. App. LEXIS 20264 (11th Cir. Nov. 10, 2016): PER CURIAM: Transatlantic, LLC, appeals the dismissal of its third amended complaint against Humana, Inc., Humana Insurance Company, Humana Health Insurance Company of Florida, Inc.,…
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Judicial Notice of Internet Evidence on 12(b)(6) Motion — Defendant’s Website — Current and Older Versions as Displayed on Wayback Machine Based on Complaint’s Reference to Website

Galanis v. Starbucks Corp., 2016 U.S. Dist. LEXIS 142380 (N.D. Ill. Oct. 14, 2016): Memorandum Opinion and Order Steven Galanis alleges that Starbucks deceives its customers by misrepresenting the volume of its cold drinks because much of the volume is taken up by ice. Galanis alleges that this ...
Galanis v. Starbucks Corp., 2016 U.S. Dist. LEXIS 142380 (N.D. Ill. Oct. 14, 2016): Memorandum Opinion and Order Steven Galanis alleges that Starbucks deceives its customers by misrepresenting the volume of its cold drinks because much of the volume is …
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No Rule 11/Inherent Power Sanctions Where Law Unsettled, Lower Courts Agreed — No Attorney’s Fees for Pro Se — Mere Misstatement ≠ Bad Faith — Court Always Has Jurisdiction over Bond — Failing to Object ≠ Invited Error

City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 2016 U.S. App. LEXIS 21310 (11th Cir. Nov. 29, 2016): Fane Lozman, proceeding pro se, appeals the district court's judgment and several orders in a case brought in admiralty against his floating home by the City of Rivier ...
City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 2016 U.S. App. LEXIS 21310 (11th Cir. Nov. 29, 2016): Fane Lozman, proceeding pro se, appeals the district court's judgment and several orders in…
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Emails between Prospective Partners Not Business Records Where No One Was Responsible for Keeping Them, It Was Unclear Which Were Required or Who Was Custodian — Use of “Indentured Servitude” on Summation OK

Queen v. Schultz, 2016 U.S. App. LEXIS 23479 (D.C. Cir. Dec. 9, 2016): This appeal was considered on the record from the United States District Court for the District of Columbia, and briefed and argued by counsel. The Court has accorded the issues full consideration and has determined that they do not warrant a published opinion.
Queen v. Schultz, 2016 U.S. App. LEXIS 23479 (D.C. Cir. Dec. 9, 2016): This appeal was considered on the record from the United States District Court for the District of Columbia, and briefed and argued by counsel. The Court has…
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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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