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

Are Pro Hac Vice Fees Recoverable Costs under 28 U.S.C. § 1920? — Circuit Split —Cost of Video May Be Taxed in Addition to Deposition Transcript If Reasonably Necessary — Uncertainty as to Witness Attendance at Trial Is Sufficient

Olesky v. Gen. Elec. Co., 2016 U.S. Dist. LEXIS 171505 (N.D. Ill. Dec. 12, 2016): Plaintiff Henryk Oleksy ("Oleksy") sued Defendant General Electric Company ("GE") for patent infringement. On September 29, 2015, the presiding District Judge ruled that [*4]  GE did not infringe on Oleksy's patent and, consequen ...
Olesky v. Gen. Elec. Co., 2016 U.S. Dist. LEXIS 171505 (N.D. Ill. Dec. 12, 2016): Plaintiff Henryk Oleksy ("Oleksy") sued Defendant General Electric Company ("GE") for patent infringement. On September 29, 2015, the presiding District Judge ruled that [*4]  GE…
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Removal: If Plaintiff Adds Non-Diverse Defendant within 21 Days of Answer Per Rule 15(b), Should Court Honor That & Remand, Given Absolute Right to Amend, Or Deny Joinder under § 1447(e)? — Caselaw Split — Factors under 1447(e)

Edmond v. Kindred Healthcare Operating Inc., 2016 U.S. Dist. LEXIS 170896 (C.D. Cal. Dec. 8, 2016): Proceedings (In Chambers): Order GRANTING Motion to Remand Before the Court is Plaintiff Britani Edmond's motion to remand this action to state court. Dkt. # 25. The Court finds this matter a ...
Edmond v. Kindred Healthcare Operating Inc., 2016 U.S. Dist. LEXIS 170896 (C.D. Cal. Dec. 8, 2016): Proceedings (In Chambers): Order GRANTING Motion to Remand Before the Court is Plaintiff Britani Edmond's motion to remand this action to state court. Dkt.…
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Third-Party Websites May Be Considered on Summary Judgment Because They Would Be Admissible at Trial with Proper Authentication, Where Accuracy Not in Dispute

ZW USA, Inc. v. PWD Sys., LLC, 2016 U.S. Dist. LEXIS 129549 (E.D. Mo. Sept. 22, 2016): This matter is before the Court on plaintiff's motion for partial summary judgment and defendant's motion for summary judgment, pursuant to Fed. R. Civ. P. 56(a). Responses have been filed, and the issues are fully briefed. I. ...
ZW USA, Inc. v. PWD Sys., LLC, 2016 U.S. Dist. LEXIS 129549 (E.D. Mo. Sept. 22, 2016): This matter is before the Court on plaintiff's motion for partial summary judgment and defendant's motion for summary judgment, pursuant to Fed. R.…
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Intervention — May a Magistrate Judge, Who Is Conducting All Proceedings Through Trial and Judgment by Consent of the Parties, Rule on a Motion to Intervene Filed by a Person Who Has Not Consented? — Circuit Split

Davis v. Union Pac. RR, 2015 U.S. Dist. LEXIS 182824 (S.D. Tex. Aug. 6, 2015): REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE On June 19, 2015, Hallmark County Mutual Insurance Company - as the subrogee of Plaintiffs Daniel Davis and Davis Heavy Haul Transportation - filed ...
Davis v. Union Pac. RR, 2015 U.S. Dist. LEXIS 182824 (S.D. Tex. Aug. 6, 2015): REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE On June 19, 2015, Hallmark County Mutual Insurance Company – as the subrogee of Plaintiffs Daniel Davis and…
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26(g) Sanctions — Impeachment vs. Substantive Evidence under 26(a)(1) — Is It Impeachment If You Offer It Only to Impeach Or Is It “Partially Substantive” If the Court Says So? — Circuit Split — Definition of Substantially Justified

Olivarez v. George Grp., Inc., 2016 U.S. App. LEXIS 22049 (5th Cir. Dec. 12, 2016): Attorneys Shawn K. Fitzpatrick and Timothy Flocos (collectively, "Appellants") were sanctioned by the district court for certifying that their clients' initial disclosures under Federal Rule of Civil Procedure 26(a)(1) were comple ...
Olivarez v. George Grp., Inc., 2016 U.S. App. LEXIS 22049 (5th Cir. Dec. 12, 2016): Attorneys Shawn K. Fitzpatrick and Timothy Flocos (collectively, "Appellants") were sanctioned by the district court for certifying that their clients' initial disclosures under Federal Rule …
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Rule 37(e) Spoliation Sanctions — No Intent to Deprive — Fees, Jury Instructed Spoliator Was Under Duty to Preserve & Didn’t, Spoliator Barred from Offering Preserved Remainder of Missing Category of Evidence

Security Alarm Financing Enters., LP v. Alarm Protection Tech., LLC, 2016 U.S. Dist. LEXIS 168311 (D. Alaska Dec. 6, 2016): ORDER RE MOTION FOR SPOLIATION SANCTIONS Before the Court is Defendant Alarm Protection Technology's Motion for Spoliation Sanctions at Docket 236. The motion has been fully bri ...
Security Alarm Financing Enters., LP v. Alarm Protection Tech., LLC, 2016 U.S. Dist. LEXIS 168311 (D. Alaska Dec. 6, 2016): ORDER RE MOTION FOR SPOLIATION SANCTIONS Before the Court is Defendant Alarm Protection Technology's Motion for Spoliation Sanctions at Docket…
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Inherent Power Sanctions Apt for Wide Range of Willful Misconduct Implicating Multiple Rules (Including Fabricated Email, Ad Hominem Attacks in 113 Filings, Extrajudicial Misconduct)—$175K in Fees/Expenses, Referral to Disciplinary Comm (Good Quotes)

Deutsch v. Henry, 2016 U.S. Dist. LEXIS 168987 (W.D. Tex. Dec. 7, 2016): Before the court are Defendants' motions for sanctions. ... Defendants have filed identical motions for sanctions as well as supplemental memoranda specifying the alleged sanctionable conduct in the above-styled causes.1 The motions have b ...
Deutsch v. Henry, 2016 U.S. Dist. LEXIS 168987 (W.D. Tex. Dec. 7, 2016): Before the court are Defendants' motions for sanctions. ... Defendants have filed identical motions for sanctions as well as supplemental memoranda specifying the alleged sanctionable conduct in…
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FSIA — Collateral Order Doctrine Applies to Interlocutory Appeals — Only Legal Issues Appealable, Review Is De Novo — Burden of Proof under FSIA — What Is a “Direct Effect” under the Commercial Activity Exception?

Frank v. Commonwealth of Antigua & Barbuda, 2016 U.S. App. LEXIS 21018 (5th Cir. Nov. 22, 2016): These consolidated cases involve Defendant-Appellant, the Commonwealth of Antigua and Barbuda ("Antigua"), and its alleged involvement with the Stanford Ponzi scheme. As a foreign nation, Antigua challenged the district court' ...
Frank v. Commonwealth of Antigua & Barbuda, 2016 U.S. App. LEXIS 21018 (5th Cir. Nov. 22, 2016): These consolidated cases involve Defendant-Appellant, the Commonwealth of Antigua and Barbuda ("Antigua"), and its alleged involvement with the Stanford Ponzi scheme. As a…
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CAFA — For Case Filed Originally in Federal Court, Subject Matter Jurisdiction Isn’t Lost If Court Denies Class Certification — If Plaintiff Voluntarily Amends Complaint, Court Looks to Amended Complaint to Determine Jurisdiction

Wright Transp., Inc. v. Pilot Corp., 2016 U.S. App. LEXIS 20937 (11th Cir. Nov. 22, 2016): This appeal arises out of several years of litigation between the parties now before us, as well as many others. This litigation has occupied [*2]  the federal courts in the form of individual suits, class actions, and multidis ...
Wright Transp., Inc. v. Pilot Corp., 2016 U.S. App. LEXIS 20937 (11th Cir. Nov. 22, 2016): This appeal arises out of several years of litigation between the parties now before us, as well as many others. This litigation has occupied…
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Rule 56(h) Sanctions: Attorney’s Drafting “Likely Perjurious” Affidavit and Inserting Content with Willful Blindness to, or Knowledge of, Inaccuracy = Bad Faith — The Phrase “Abuse of Discretion Is a Nonpejorative Term of Art” (Good Quote)

Jimenez v. City of NY, 2016 U.S. App. LEXIS 21051 (2d Cir. Nov. 21, 2016): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby is AFFIRMED in part and VACATED in part. ...
Jimenez v. City of NY, 2016 U.S. App. LEXIS 21051 (2d Cir. Nov. 21, 2016): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby is AFFIRMED…
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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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