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

FRAP 38, § 1927, § 1912 Sanctions — Bad Faith Not Required under Rule 38, But Sanctions Generally Imposed Only If Improper Purpose — Not Sanctionable to Urge, in a Complex Field, a Novel Argument Lost in Some District Courts But Never on Appeal

Hogan v. Jacobson, 2016 U.S. App. LEXIS 9373 (6th Cir. May 23, 2016): In 2011, Violet Hogan sued the Life Insurance Company of North America for violating the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., by denying her claim for benefits under a disability-insurance policy. After losing that cas ...
Hogan v. Jacobson, 2016 U.S. App. LEXIS 9373 (6th Cir. May 23, 2016): In 2011, Violet Hogan sued the Life Insurance Company of North America for violating the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq.,…
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Facebook Admissibility — Victim’s Facebook Post 2 Hours Before His Death in Gunfight That He Was Resuming Gang Life, Including Murder, Properly Excluded from Trial on Issue of Who Fired First — Rule 403 Analysis (Cal. Evid. Code352)

People v. Cornejo, 2016 Cal. App. LEXIS 424 (Cal. Ct. App. May 25, 2016): Deandre Ellison was shot to death as he drove into his driveway in the Del Paso Heights neighborhood of Sacramento. Four other men, including Latrele Neal, were also in Ellison's car. Before the car came to a stop in the driveway, an SUV driven by Je ...
People v. Cornejo, 2016 Cal. App. LEXIS 424 (Cal. Ct. App. May 25, 2016): Deandre Ellison was shot to death as he drove into his driveway in the Del Paso Heights neighborhood of Sacramento. Four other men, including Latrele Neal, …
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Sanctions — Rule 11 Does Not Apply on Appeal and FRAP 38 Does Not Apply to Appellees

Caldwell v. Pesce, 2016 U.S. App. LEXIS 6739 (2d Cir. Apr. 14, 2016): Plaintiffs-appellants Ken and Lisa Caldwell, proceeding pro se, appeal the District Court's March 2, 2015, judgment sua sponte dismissing their complaint with prejudice pursuant to 28 U.S.C. § 1915(e)(2). In their complaint, plaintiffs-appella ...
Caldwell v. Pesce, 2016 U.S. App. LEXIS 6739 (2d Cir. Apr. 14, 2016): Plaintiffs-appellants Ken and Lisa Caldwell, proceeding pro se, appeal the District Court's March 2, 2015, judgment sua sponte dismissing their complaint with prejudice pursuant to 28 U.S.C.…
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Handwriting Expert Testimony Inadmissible — Sanctions: Lawyer May Rely on Client without Assessing Credibility; Improper to Impose $ Sanctions on Destitute Party; Dismissal for Fraud on Court — Statute of Frauds vs. Unjust Enrichment

Almeciga v. Ctr. for Investigative Reporting,Inc., 2016 U.S. Dist. LEXIS 60539 (S.D.N.Y. May 6, 2016): Before the Court is the motion of defendant Center for Investigative Reporting, Inc. ("CIR"), for judgment on the pleadings, as well as CIR's Rule 11 motion for sanctions against plaintiff Erica Almeciga and her counsel ...
Almeciga v. Ctr. for Investigative Reporting,Inc., 2016 U.S. Dist. LEXIS 60539 (S.D.N.Y. May 6, 2016): Before the Court is the motion of defendant Center for Investigative Reporting, Inc. ("CIR"), for judgment on the pleadings, as well as CIR's Rule 11…
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Breach of Contractual Promise = Mail/Wire Fraud Only If No Intent to Perform at Signing — Later Willful Breach Not Enough — Deception Outside 4 Corners (E.g., to Hide Breach) May Be Enough — Silence Suffices If Duty to Speak

U.S. ex rel. O’Donnell v. Countrywide Home Loans, Inc., 2016 U.S. App. LEXIS 9365 (2d Cir. May 23, 2016): When can a breach of contract also support a claim for fraud? This question--long an issue in common-law courts--comes before us in the context of a judgment in the United States District Court for the Southern ...
U.S. ex rel. O’Donnell v. Countrywide Home Loans, Inc., 2016 U.S. App. LEXIS 9365 (2d Cir. May 23, 2016): When can a breach of contract also support a claim for fraud? This question–long an issue in common-law courts–comes before us…
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RICO — Association Standing: 3-Part Test — Medical Societies Lack Standing to Sue Even for Injunctive and Declaratory Relief for RICO Violations: The Relief Requested Requires Participation of Their Members

Franco v. Conn. Gen. Life Ins. Co., 2016 U.S. App. LEXIS 7886 (3d Cir. May 2, 2016): I. These consolidated appeals have three sets of Appellants. First, there are those Appellants who are participants in employer-sponsored health care plans administered by the Connecticut General Life Insurance Company and affiliated entiti ...
Franco v. Conn. Gen. Life Ins. Co., 2016 U.S. App. LEXIS 7886 (3d Cir. May 2, 2016): I. These consolidated appeals have three sets of Appellants. First, there are those Appellants who are participants in employer-sponsored health care plans administered…
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Abuse of Discretion — Limits of Discretion — Court May Not Do Whatever It Pleases — Party’s Wealth Irrelevant (Good Quotes)

Kern v. TXO Prod. Corp., 738 F.2d 968, 970 (8th Cir. 1984): [W]hen we say that a decision is discretionary, or that a district court has discretion to grant or deny a motion, we do not mean that the district court may do whatever pleases it. ... The fact that a party is a corporation, or is thought to be rich, or both, is and must be ...
Kern v. TXO Prod. Corp., 738 F.2d 968, 970 (8th Cir. 1984): [W]hen we say that a decision is discretionary, or that a district court has discretion to grant or deny a motion, we do not mean that the district…
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Twitter Admissibility — Third Party Tweet Admissible for Effect on Reader (to Explain Reader’s Subsequent Behavior), Not for Its Truth

R.L. v. Central York Sch. Dist., 2016 U.S. Dist. LEXIS 58446 (M.D. Pa. May 3, 2016): PROCEDURAL HISTORY Our recitation of the procedural history of the instant matter is abbreviated, as it is recounted solely for the benefit of the parties, who are familiar with the matter. R.L., a minor, by and ...
R.L. v. Central York Sch. Dist., 2016 U.S. Dist. LEXIS 58446 (M.D. Pa. May 3, 2016): PROCEDURAL HISTORY Our recitation of the procedural history of the instant matter is abbreviated, as it is recounted solely for the benefit of the…
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§ 1927 Sanctions — Where Court Orders § 1927 Sanctions on Motion and Movant Does Not Oppose Vacatur of Award of Movant’s Own Costs and Fees, Award Should Be Vacated (Reversing Refusal to Do So)

Coniglio v. Chesapeake Exploration LLC, 2016 U.S. App. LEXIS 8871 (6th Cir. May 12, 2016): Attorneys from the law firm Tzangas, Plakas & Mannos, Ltd. ("TPM") appeal the district court's order imposing 28 U.S.C. § 1927 sanctions for vexatious multiplication of the proceedings. TPM represented Plaintiffs ...
Coniglio v. Chesapeake Exploration LLC, 2016 U.S. App. LEXIS 8871 (6th Cir. May 12, 2016): Attorneys from the law firm Tzangas, Plakas & Mannos, Ltd. ("TPM") appeal the district court's order imposing 28 U.S.C. § 1927 sanctions for vexatious multiplication …
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CAFA Removal — Plaintiff Always Has Art. III Standing to Fight Removal — CAFA Remand Motion Not Subject to 30-Day Deadline of §1447(c) — 52 Days OK — Not All Defendants Are “Primary” — OK to Drop Fed Claims to Return to State Court

Watson v. City of Allen, Tex., 2016 U.S. App. LEXIS 8367 (5th Cir. May 5, 2016): This putative class action challenges the use of red light cameras within Texas and, more specifically, the legislation authorizing such cameras. The case was originally filed in state court and subsequently removed to federal court. We must decid ...
Watson v. City of Allen, Tex., 2016 U.S. App. LEXIS 8367 (5th Cir. May 5, 2016): This putative class action challenges the use of red light cameras within Texas and, more specifically, the legislation authorizing such cameras. The case was …
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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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