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 37 & Rule 41 Sanctions — Dismissal — Second Circuit Factors

Lee v. Katz, 2016 U.S. App. LEXIS 18290 (2d Cir. Oct. 7, 2016): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-appellant Linda A. Lee, pro se, appeals from t ...
Lee v. Katz, 2016 U.S. App. LEXIS 18290 (2d Cir. Oct. 7, 2016): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Plaintiff-appellant Linda A. Lee, pro…
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RICO: Claim Lawyer Conspired with Client Requires More Than Awareness of Opponent’s Allegations (Good Quotes) — Mere Association with Conspirators Isn’t Agreement — Willful Blindness = Subjective Belief Plus Steps to Avoid Truth

Domanus v. Locke Lord LLP, 2017 U.S. App. LEXIS 1736 (7th Cir. Jan. 31, 2017): If the allegations in the supplemental complaints filed in this case are to be believed, the defendant law firms and lawyers were involved in a hornet's [*2]  nest of ethical violations. The more difficult question, however, is whether ...
Domanus v. Locke Lord LLP, 2017 U.S. App. LEXIS 1736 (7th Cir. Jan. 31, 2017): If the allegations in the supplemental complaints filed in this case are to be believed, the defendant law firms and lawyers were involved in a…
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Rule 11 — Is Substantial Compliance with the Separate Motion Requirement of Rule 11(c)(2) Sufficient? — Only in the 7th Circuit and Only Sometimes (Not Here) — Circuit Split, with All Other Circuits Always Requiring an Actual Separate Motion

N. Ill. Telecom, Inc. v. Riffner, 2017 U.S. App. LEXIS 4321 (7th Cir. Mar. 10, 2017): JUDGES: Before WOOD, Chief Judge, and POSNER and HAMILTON, Circuit Judges. POSNER, Circuit Judge, dissenting. OPINION BY: HAMILTON This appeal pivots on the procedural requirements of Federal Rule of Ci ...
N. Ill. Telecom, Inc. v. Riffner, 2017 U.S. App. LEXIS 4321 (7th Cir. Mar. 10, 2017): JUDGES: Before WOOD, Chief Judge, and POSNER and HAMILTON, Circuit Judges. POSNER, Circuit Judge, dissenting. OPINION BY: HAMILTON This appeal pivots on the procedural…
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Emails Produced by Party Opponent Are Presumptively Authentic — Under 801(d)(2) (Admissions of Party Opponent), They Are Not Hearsay, Either

Federal Trade Commission v. AMG Servs., Inc., 2016 U.S. Dist. LEXIS 135765 (D. Nev. Sept. 30, 2016): Pending before the Court is a Motion for Summary Judgment, (ECF No. 900), filed by Defendants AMG Capital Management, LLC ("AMG Capital"); Level 5 Motorsports, LLC ("Level 5"); Black Creek Capital Corporation (" ...
Federal Trade Commission v. AMG Servs., Inc., 2016 U.S. Dist. LEXIS 135765 (D. Nev. Sept. 30, 2016): Pending before the Court is a Motion for Summary Judgment, (ECF No. 900), filed by Defendants AMG Capital Management, LLC ("AMG Capital"); Level…
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§ 1927 Sanctions — No Bad Faith Required in Sixth Circuit (Circuit Split) — Lawyer Need Only Objectively Fall Short of The Obligations Owed to the Court, Causing Additional Expense to Adversary

Knopf v. Elite Moving Sys., 2017 U.S. App. LEXIS 1524 (6th Cir. Jan. 25, 2017): Attorney Stuart Sandweiss represented Meyer Knopf in a suit against Elite Moving Systems after Knopf's belongings were damaged during a move from California to Michigan in 2010. The parties reached a mediated settlement on December 1, 2014 but were una ...
Knopf v. Elite Moving Sys., 2017 U.S. App. LEXIS 1524 (6th Cir. Jan. 25, 2017): Attorney Stuart Sandweiss represented Meyer Knopf in a suit against Elite Moving Systems after Knopf's belongings were damaged during a move from California to Michigan…
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State Res Judicata Rules Determine Whether RICO Action Precluded by Prior State Court Judgment on Same Claims — Noerr-Pennington Protects Lawyers Absent Factual Allegations Establishing Sham Exception

Alers v. Bank of Am., N.A., 2016 U.S. App. LEXIS 21117 (9th Cir. Nov. 23, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Alejandro Alers, Sr. appeals pro se from the district court's judgment dismissing his action alleging violations of th ...
Alers v. Bank of Am., N.A., 2016 U.S. App. LEXIS 21117 (9th Cir. Nov. 23, 2016): *   This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Alejandro Alers, Sr. appeals…
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RICO: If Pattern Exists, Only One Predicate Act Need Cause Injury — Paying Assistant to Compile Records Responding to Fraudulent Claim = Injury — Multiple (Generic) RICO Issues Establish Commonality for Class Certification Purposes

Just Film, Inc. v. Buono, 2017 U.S. App. LEXIS 2164 (9th Cir. Feb. 7, 2017): Plaintiffs-Appellees are small businesses and small business owners who leased "point of sale" credit and debit card processing equipment. They allege that Defendants-Appellants (the "Leasing Defendants") defrauded them in a scheme that in ...
Just Film, Inc. v. Buono, 2017 U.S. App. LEXIS 2164 (9th Cir. Feb. 7, 2017): Plaintiffs-Appellees are small businesses and small business owners who leased "point of sale" credit and debit card processing equipment. They allege that Defendants-Appellants (the "Leasing…
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Does Federal or State Law Govern Waiver of Arbitration or Forum Selection Clause? (Uncertain) — Test for Waiver — Fed Law Governs Enforceability, State/Chosen Law Interpretation — Error to Deny Timely 1st Motion to Amend Not Shown to Be Moot

SGIC Strategic Global Inv. Capital, Inc. v. Burger King Europe GMBH, 2016 U.S. App. LEXIS 18304 (5th Cir. Oct. 10, 2016): This case arises from a series of disputes over Burger King franchises located in Germany. The district court granted Defendant-Appellee's motion to dismiss Plaintiffs-Appellants' claims on grounds of forum ...
SGIC Strategic Global Inv. Capital, Inc. v. Burger King Europe GMBH, 2016 U.S. App. LEXIS 18304 (5th Cir. Oct. 10, 2016): This case arises from a series of disputes over Burger King franchises located in Germany. The district court granted…
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Text/Email Evidence — Only Outgoing Messages from Party’s Phone Are Admissions — Incoming Are Hearsay [and Must Fall within an Exception or Be Offered for a Non-Hearsay Purpose]

Glispie v. State, 2016 Ga. LEXIS 736 (Ga. S.Ct. Nov. 7, 2016): In Glispie v. State, 335 Ga. App. 177 (779 SE2d 767) (2015), the Court of Appeals affirmed Jaylend Glispie's convictions for violation of the Georgia Controlled Substance Act and certain driving offenses. We granted certiorari to consider the following two que ...
Glispie v. State, 2016 Ga. LEXIS 736 (Ga. S.Ct. Nov. 7, 2016): In Glispie v. State, 335 Ga. App. 177 (779 SE2d 767) (2015), the Court of Appeals affirmed Jaylend Glispie's convictions for violation of the Georgia Controlled Substance Act…
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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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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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