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 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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RICO Claim Survives Death (Caselaw Split) — Failure of Evidence at Trial (Continuity) Can’t Be Cured by Looking at Summary Judgment Proceedings — Only Trial Evidence Matters — Good Quote on Modern Litigation in Which SJ, Not Trial, Is Focus

Malvino v. Delluniversita, 2016 U.S. App. LEXIS 18952 (5th Cir. Oct. 20, 2016): As she approached retirement, Bonnie Pereida spent hundreds of thousands of dollars on rare coins. She thought the coins would be a good hedge against inflation. After she passed away, an appraisal revealed that her coin collection included a counterfeit c ...
Malvino v. Delluniversita, 2016 U.S. App. LEXIS 18952 (5th Cir. Oct. 20, 2016): As she approached retirement, Bonnie Pereida spent hundreds of thousands of dollars on rare coins. She thought the coins would be a good hedge against inflation. After…
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§ 1927 & Inherent Power Sanctions Require Conduct (1) Entirely without Color (2) Motivated by Improper Purpose — $180,000 in Attorney’s Fees for Amended Complaint Containing Uncorrected, Unsupported Allegations and Concealing Evidence

Rabin v. Dow Jones & Co., 2016 U.S. App. LEXIS 19227 (2d Cir. Oct. 25, 2016): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Plaintiff I. Stephen Rabin, a lawyer, and Raymond A ...
Rabin v. Dow Jones & Co., 2016 U.S. App. LEXIS 19227 (2d Cir. Oct. 25, 2016): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be AFFIRMED. Plaintiff I.…
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Non-Party’s Emails to Party Not Hearsay When Admitted to Provide Context for Party’s Emails — Providing Means for Suicide to Potentially Adverse Witness Triggers 804(b)(6) Forfeiture of Hearsay Objection to Decedent’s Emails

United States v. Kilmartin, 2016 U.S. Dist. LEXIS 135299 (D. Me. Sept. 30, 2016): With trial looming, Sidney Kilmartin moves to preclude the Government from introducing email statements made by Andrew Denton, as well as expert testimony of toxicologist Dr. Cynthia Morris-Kukoski. The Court rules that the email stateme ...
United States v. Kilmartin, 2016 U.S. Dist. LEXIS 135299 (D. Me. Sept. 30, 2016): With trial looming, Sidney Kilmartin moves to preclude the Government from introducing email statements made by Andrew Denton, as well as expert testimony of toxicologist Dr. …
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Rule 37 Sanctions: 4 Purposes — Rule 30 Sanctions for Deposition Misconduct: Asking Defendant If He Wants to Apologize, Repeating It 6 Times, Demanding Yes Or No Answer, Arguing with Witness — CLE Ordered

Tajonera v. Black Elk Energy Offshore Operations, 2015 U.S. Dist. LEXIS 181998 (E.D. La. Sept. 30, 2015): This matter is before the Court on remand from the District Judge. (Rec. doc. 686). It involves an earlier Order and Reasons issued by this Court in which sanctions were assessed against counsel for Grand Isle Shipyards ("GIS ...
Tajonera v. Black Elk Energy Offshore Operations, 2015 U.S. Dist. LEXIS 181998 (E.D. La. Sept. 30, 2015): This matter is before the Court on remand from the District Judge. (Rec. doc. 686). It involves an earlier Order and Reasons issued…
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Recent Posts

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

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

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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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