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

Arbitration — FAA Requirement That Motion to Vacate Be Served within 3 Months of Award Is Subject to Equitable Tolling (Circuit Split) — Award Vacated Because Panel Chair Lied About Credentials

Move, Inc. v. Citigroup Global Mkts., Inc., 2016 U.S. App. LEXIS 19930 (9th Cir. Nov. 4, 2016): Move, Inc. (Move) appeals the district court's order dismissing its action and denying its motion to vacate an arbitration award pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq. We have jurisdiction pursuant ...
Move, Inc. v. Citigroup Global Mkts., Inc., 2016 U.S. App. LEXIS 19930 (9th Cir. Nov. 4, 2016): Move, Inc. (Move) appeals the district court's order dismissing its action and denying its motion to vacate an arbitration award pursuant to the…
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While Expert May Not Testify As to the Credibility of Other Witnesses, Expert May Summarize Their Testimony As a Basis for His or Her Own Opinion

Percelle v. Pearson, 2016 U.S. Dist. LEXIS 150629 (N.D. Cal. Oct. 31, 2016): Defendants next argue that Subia should be precluded from summarizing the testimony of other witnesses and from offering his opinion on the credibility of those witnesses. The credibility of witnesses is a matter to be decided by the jury and is thus ...
Percelle v. Pearson, 2016 U.S. Dist. LEXIS 150629 (N.D. Cal. Oct. 31, 2016): Defendants next argue that Subia should be precluded from summarizing the testimony of other witnesses and from offering his opinion on the credibility of those witnesses. The …
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Rule 37 Dismissal Sanction Requires Wilfulness, Bad Faith, Fault — 4 Factors — 2 Years’ Noncompliance = Inference of Wilfulness — Order May Inc. Doc. Requests — Boilerplate Clam of Search Doesn’t Demonstrate Adequacy or Explain Missing Docs

Bhagwanani v. Brown, 2016 U.S. App. LEXIS 19892 (2d Cir. Nov. 4, 2016): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the August 28, 2015 judgment of the district court is AFFIRMED. Plaintiffs appeal from the dismissal of their complaint for failure to comply with ...
Bhagwanani v. Brown, 2016 U.S. App. LEXIS 19892 (2d Cir. Nov. 4, 2016): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the August 28, 2015 judgment of the district court is AFFIRMED. Plaintiffs appeal from…
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Email Admissibility: The Mere Fact That an Email Was Created within a Business Entity Does Not Make It a Business Record — All Prongs of 803(6) Must Be Satisfied

In re Lyondell Chem. Co. (Weisfelner v. Blavatnick), 2016 WL 6108526 (Bankr. S.D.N.Y. Oct. 19, 2016):   Before the Court are two letter briefs regarding 210 emails and other documents (the “Exhibits”) offered as trial exhibits by Edward S. Weisfelner, as Trustee of the LB Litigation Trust (the “Trustee”).
In re Lyondell Chem. Co. (Weisfelner v. Blavatnick), 2016 WL 6108526 (Bankr. S.D.N.Y. Oct. 19, 2016):   Before the Court are two letter briefs regarding 210 emails and other documents (the “Exhibits”) offered as trial exhibits by Edward S. Weisfelner, as …
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Rule 11 Sanctions Imposed on Client Largely for Defects in Legal Theories Reversed in Entirety Because “Error So Infused District Court’s Reasoning” — Remanded for Consideration Whether Some Should Be Imposed on Plaintiff’s Counsel

Tacoronte v. Greenspoon Marder P.A., 2016 U.S. App. LEXIS 11416 (11th Cir. 2016): The district court imposed Rule 11 sanctions against Plaintiff Danielle Tacoronte and ordered her to pay reasonable attorney's fees and costs to Defendants Greenspoon Marder and Marc Cohen. Plaintiff appeals the district court's order im ...
Tacoronte v. Greenspoon Marder P.A., 2016 U.S. App. LEXIS 11416 (11th Cir. 2016): The district court imposed Rule 11 sanctions against Plaintiff Danielle Tacoronte and ordered her to pay reasonable attorney's fees and costs to Defendants Greenspoon Marder and Marc…
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Hearsay Emails May Be Considered on Summary Judgment under Rule 56(c)(2) If the Authors Could Testify to the Contents at Trial

Griffith v. Nicholas Financial, Inc, 2016 U.S. Dist. LEXIS 135524 (N.D. Ala. Sept. 30, 2016): Plaintiff Krysti Griffith is a former employee of defendant Nicholas Financial, Inc. Ms. Griffith has systematic lupus erythematosus, an autoimmune disease commonly called lupus. Ms. Griffith worked for Nicholas Financial as a customer servic ...
Griffith v. Nicholas Financial, Inc, 2016 U.S. Dist. LEXIS 135524 (N.D. Ala. Sept. 30, 2016): Plaintiff Krysti Griffith is a former employee of defendant Nicholas Financial, Inc. Ms. Griffith has systematic lupus erythematosus, an autoimmune disease commonly called lupus. Ms.…
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Attorney-Client Privilege — Inadvertent Production of Privileged/Work Product Documents Doesn’t Necessarily Preclude Application of Perlman, But Disclosure of Documents to Grand Jury Does (2-1 3d Circuit Decision)

In re Grand Jury Matter 3, 2016 U.S. App. LEXIS 19454 (3d Cir. Oct. 28, 2016): Company A, John Doe 1, John Doe 1's lawyer, and John Doe 2 are the subjects of an ongoing grand jury investigation into an allegedly fraudulent business scheme.2 John Doe 1 brought this appeal after the government obtained access to an email ...
In re Grand Jury Matter 3, 2016 U.S. App. LEXIS 19454 (3d Cir. Oct. 28, 2016): Company A, John Doe 1, John Doe 1's lawyer, and John Doe 2 are the subjects of an ongoing grand jury investigation into an…
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Removal — Does §1447(c) Allow Dismissal If Remand Is Futile? (Circuit Split) — Class Counsel Are Federal Officers in Sending Class Notice, May Remove State Class Rep’s Attempt to Enjoin It — Case Dismissed on Merits Though No Subj. Matter Jurisd.

Devazier v. Seeco, Inc., 2016 U.S. Dist. LEXIS 92231 (E.D. Ark. July 15, 2016): AMENDED OPINION AND ORDER1   1   The Court enters this Amended [*2]  Order amending only the conclusion of the Court's July 13, 2016, Opinion and Order to ...
Devazier v. Seeco, Inc., 2016 U.S. Dist. LEXIS 92231 (E.D. Ark. July 15, 2016): AMENDED OPINION AND ORDER1   1   The Court enters this Amended [*2]  Order amending only the conclusion of the Court's July 13, 2016, Opinion and Order…
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Appeals — Denial of Leave to Amend Reviewed De Novo If on Futility Grounds, Otherwise for Abuse of Discretion

HansaWorld USA, Inc. v. Carpenter, 2016 U.S. App. LEXIS 18950 (5th Cir. Oct. 20, 2016): II. STANDARD OF REVIEW This court ordinarily reviews [*4]  a district court's denial of a motion for leave to amend a complaint for an abuse of discretion. City of Clinton v. Pilgrim's Pride ...
HansaWorld USA, Inc. v. Carpenter, 2016 U.S. App. LEXIS 18950 (5th Cir. Oct. 20, 2016): II. STANDARD OF REVIEW This court ordinarily reviews [*4]  a district court's denial of a motion for leave to amend a complaint for an abuse …
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Claim-Splitting Barred by Res Judicata — Denial of Leave to Amend, Even on Timeliness Grounds = Adjudication on the Merits of the Claim Sought to Be Brought — Federal Court May Stay or Dismiss Duplicative Suit, But Doesn’t Have to

Elmhurst Lincoln-Mercury, Inc., Employees’ 401(k) Profit Sharing Plan & Trust v. Mears, 2016 U.S. Dist. LEXIS 115295 (N.D. Ill. Aug. 29, 2016): On February 18, 2016, Elmhurst Lincoln-Mercury, Inc. Employees 401(k) Profit Sharing Plan and Trust ("the Plan"), by its acting trustee, Thomas Potts, Jr., filed this ERISA and neg ...
Elmhurst Lincoln-Mercury, Inc., Employees’ 401(k) Profit Sharing Plan & Trust v. Mears, 2016 U.S. Dist. LEXIS 115295 (N.D. Ill. Aug. 29, 2016): On February 18, 2016, Elmhurst Lincoln-Mercury, Inc. Employees 401(k) Profit Sharing Plan and Trust ("the Plan"), by its…
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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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