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

Sanctions — Vexatious Litigant Injunction Must Allow Enjoinee to Seek Permission for Additional Filings (Even If He’s Up to His Sixth Amended Complaint) and Can’t Shut Him Down Categorically

Gottlieb v. Ford, 2016 U.S. App. LEXIS 2330 (2d Cir. Feb. 11, 2016): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED in part and VACATED and REMANDED in part. Plaintiff-Appellant Allen Gottlieb ("Gottl ...
Gottlieb v. Ford, 2016 U.S. App. LEXIS 2330 (2d Cir. Feb. 11, 2016): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED in part and VACATED and REMANDED in part.…
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Twitter Admissibility — Third-Party Tweets = Hearsay on Issue of Actual Confusion in Trademark Dispute Absent Authentication from Declarants

Ponelman v. Nike, Inc., 2016 U.S. Dist. LEXIS 17662 (N.D. Ill. Feb. 9, 2016): Daniel Poneman ("Plaintiff") brings suit against Nike, Inc. ("Nike"), and Footlocker, Inc. ("Foot Locker"), (collectively "Defendants") for trademark infringement related to his "SwagAir" mark pursuan ...
Ponelman v. Nike, Inc., 2016 U.S. Dist. LEXIS 17662 (N.D. Ill. Feb. 9, 2016): Daniel Poneman ("Plaintiff") brings suit against Nike, Inc. ("Nike"), and Footlocker, Inc. ("Foot Locker"), (collectively "Defendants") for trademark infringement related to his "SwagAir" mark pursuant to …
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Removal: Does Voluntary Removal by State Defendants Waive Eleventh Amendment Immunity? — Circuit Split

Singleton v. Commonwealth of Ky., 2016 U.S. Dist. LEXIS 43383 (E.D. Ky. Mar. 31, 2016): To the extent the Singletons argue these parties waived their Eleventh Amendment immunity by removing this suit to federal court, the Court disagrees. The circuit courts are split as to whether voluntarily removing a lawsuit to federal cour ...
Singleton v. Commonwealth of Ky., 2016 U.S. Dist. LEXIS 43383 (E.D. Ky. Mar. 31, 2016): To the extent the Singletons argue these parties waived their Eleventh Amendment immunity by removing this suit to federal court, the Court disagrees. The circuit …
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Which Party Bears the Burden of Proof of Establishing Personal Jurisdiction on a Rule 60(b) Motion to Lift a Default Judgment? — Circuit Split

Frenkel v. Klein, 2016 U.S. Dist. LEXIS 35826 (E.D. Pa. Mar. 21, 2016): Leon Frenkel sued Defendants Bruce Klein and Victory Partners LLC ("VPLLC") in 2014 for breach of contract, and on August 11, 2014, this Court entered a default judgment against Defendants. More than a year later, Defendants filed a Motion to Set Aside t ...
Frenkel v. Klein, 2016 U.S. Dist. LEXIS 35826 (E.D. Pa. Mar. 21, 2016): Leon Frenkel sued Defendants Bruce Klein and Victory Partners LLC ("VPLLC") in 2014 for breach of contract, and on August 11, 2014, this Court entered a default…
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Appeals — Court of Appeals May, But Generally Will Not, Affirm on Other Grounds Supported by Record But Not Considered by District Court — Inherent Power Sanctions Should First Be Sought in Lower Court

Zappulla v. Annucci, 2016 U.S. App. LEXIS 4089 (2d Cir. Mar. 4, 2016): Plaintiff Guy Zappulla appeals from a summary judgment award in favor of defendants Anthony J. Annucci and Carl Koenigsmann on Zappulla's claims that his Eighth and Fourteenth Amendment rights were violated by inadequate medical treatment while in the custody o ...
Zappulla v. Annucci, 2016 U.S. App. LEXIS 4089 (2d Cir. Mar. 4, 2016): Plaintiff Guy Zappulla appeals from a summary judgment award in favor of defendants Anthony J. Annucci and Carl Koenigsmann on Zappulla's claims that his Eighth and Fourteenth…
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Rule 11 & §1927 Sanctions Properly Imposed on Counsel for Violating Sham Affidavit Doctrine Despite Warnings in Prior Cases — Abuse of Discretion Doctrine “Is Not Appellant-Friendly” and Imposes a “Weighty Burden” (Good Quote)

Escribano-Reyes v. Prof’l HEPA Certificate Corp., 2016 U.S. App. LEXIS 5851 (1st Cir. Mar. 30, 2016): Carlos Escribano-Reyes's ("Escribano") discrimination and retaliation suit against his employer, Professional HEPA Certificate Corp. ("HEPA"), ended in summary judgment for HEPA and a sanction order a ...
Escribano-Reyes v. Prof’l HEPA Certificate Corp., 2016 U.S. App. LEXIS 5851 (1st Cir. Mar. 30, 2016): Carlos Escribano-Reyes's ("Escribano") discrimination and retaliation suit against his employer, Professional HEPA Certificate Corp. ("HEPA"), ended in summary judgment for HEPA and a sanction …
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Spoliation Sanctions — Deletion of ESI Following Multiple Preservation Demands and Entry of Court Order Is Willful and Warrants Default Judgment

Roadrunner Transp. Servs., Inc. v. Tarwater, 2016 U.S. App. LEXIS 4999 (9th Cir. Mar. 18, 2016): John Tarwater appeals the district court's entry of default judgment and award of attorneys' fees in favor of his former employer, Roadrunner Transportation Services, Inc. Roadrunner cross-appeals the district court's compensat ...
Roadrunner Transp. Servs., Inc. v. Tarwater, 2016 U.S. App. LEXIS 4999 (9th Cir. Mar. 18, 2016): John Tarwater appeals the district court's entry of default judgment and award of attorneys' fees in favor of his former employer, Roadrunner Transportation Services,…
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Personal Jurisdiction — Is a Corporation’s Registration to Do Business in a State Sufficient to Support Personal Jurisdiction? — Circuit Split — In Any Event, Registration Is a Factor

Helsinn Healthcare S.A. v. Hospira, Inc., 2016 U.S. Dist. LEXIS 45826 (D.N.J. April 5, 2016): This patent infringement action arises from an Abbreviated New Drug Application ("ANDA") submitted by Defendant Hospira, Inc. ("Hospira") for approval from the United States Food and Drug Administration ("FDA& ...
Helsinn Healthcare S.A. v. Hospira, Inc., 2016 U.S. Dist. LEXIS 45826 (D.N.J. April 5, 2016): This patent infringement action arises from an Abbreviated New Drug Application ("ANDA") submitted by Defendant Hospira, Inc. ("Hospira") for approval from the United States Food …
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Judicial Notice of Internet Evidence — Corporate Website for Items Corporation Offers for Sale

Smith v. U.S. Congress, 2015 U.S. Dist. LEXIS 27818 (E.D. Va. March 6, 2015): With respect to the current teachings of Minister Farrakhan, Mr. Smith remains free to purchase other publications from The Final Call, Inc., including The Final Call newspaper, described on The Final Call website as "the official communications ...
Smith v. U.S. Congress, 2015 U.S. Dist. LEXIS 27818 (E.D. Va. March 6, 2015): With respect to the current teachings of Minister Farrakhan, Mr. Smith remains free to purchase other publications from The Final Call, Inc., including The Final Call …
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RICO: Filing False Court Docs ≠ Mail/Wire Fraud or Predicate Act — De Novo Review If Denial of Leave to Amend for Futility — Inability to State Claim in State Court, District Court or on Appeal = Futile — Sanctions Not Moot Because Case Dismissed

Nero v. Mainstreet Inv 1, LLC, 2016 U.S. App. LEXIS 4368 (11th Cir. Mar. 9, 2016)” Franklin J. Nero, Sr., has filed a pro se appeal of the district court's dismissal of his complaint alleging violations of the federal Truth in Lending Act (TILA) and Racketeer Influenced and Corrupt Organizations [*2]  Act (RICO), as well as var ...
Nero v. Mainstreet Inv 1, LLC, 2016 U.S. App. LEXIS 4368 (11th Cir. Mar. 9, 2016)” Franklin J. Nero, Sr., has filed a pro se appeal of the district court's dismissal of his complaint alleging violations of the federal Truth…
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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