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 Life Settlements Securities? — Circuit Split

SEC v. Pacific West Capital Grp., Inc., 2015 U.S. Dist. LEXIS 174800 (C.D. Cal. June 16, 2015): Proceedings: (In Chambers) Order Re: Motion for Preliminary Injunction Having reviewed and considered all the briefing filed with respect to plaintiff's Motion for Preliminary Injunction ("Motion"), the ...
SEC v. Pacific West Capital Grp., Inc., 2015 U.S. Dist. LEXIS 174800 (C.D. Cal. June 16, 2015): Proceedings: (In Chambers) Order Re: Motion for Preliminary Injunction Having reviewed and considered all the briefing filed with respect to plaintiff's Motion for…
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Contents of Website Incorporated by Reference in Complaint May Be Considered on Motion to Dismiss — Case Law Split

Mophie, Inc. v. Shah, 2014 U.S. Dist. LEXIS 185203 (C.D. Cal. July 24, 2014): 2   The Court considers this evidence of the Living Social policy on its website because the TAC relies on LivingSocial's website (TAC ¶ 38, Exh. 21; ¶ 41, Exh. 23 (LivingSocial's terms and conditions from its website) an ...
Mophie, Inc. v. Shah, 2014 U.S. Dist. LEXIS 185203 (C.D. Cal. July 24, 2014): 2   The Court considers this evidence of the Living Social policy on its website because the TAC relies on LivingSocial's website (TAC ¶ 38, Exh. 21;…
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Inherent Power Sanctions — Dismissal for Fraud on the Court — Dismissal as the Reciprocal of Default Judgment — Fact That Preclusion of Plaintiff’s Testimony Would Lead to Dismissal Cited as Supporting Harsher Sanction

Secrease v. W. & S. Life Ins. Co., 2015 U.S. App. LEXIS 15441 (7th Cir. Aug. 25, 2015): This appeal is a reminder of a district judge's inherent power to impose the severe sanction of dismissal (on a plaintiff) or default (on a defendant) when a party deliberately tries to defraud the court. We affirm the dismissa ...
Secrease v. W. & S. Life Ins. Co., 2015 U.S. App. LEXIS 15441 (7th Cir. Aug. 25, 2015): This appeal is a reminder of a district judge's inherent power to impose the severe sanction of dismissal (on a plaintiff) or …
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Public Access to Motion Papers Hinges on Whether the Motion Is “More Than Tangentially Related to the Merits,” Not Whether It Is Dispositive (9th Cir. — 3 Opinions) — Other Circuits’ Case Law Reviewed

Center for Auto Safety v. Chrysler Grp., LLC, 2016 U.S. App. LEXIS 374 (9th Cir. Jan. 11, 2016): The Center for Auto Safety (CAS) appeals from the district court's order denying CAS's motions to intervene and unseal documents filed in a putative class action lawsuit between Chrysler Group, LLC (Chrysler) and certain [* ...
Center for Auto Safety v. Chrysler Grp., LLC, 2016 U.S. App. LEXIS 374 (9th Cir. Jan. 11, 2016): The Center for Auto Safety (CAS) appeals from the district court's order denying CAS's motions to intervene and unseal documents filed in…
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Removal — If Complaint Seeks Nonmonetary Relief, Notice of Removal Need Only Plausibly Allege That Amount in Controversy Exceeds $75,000 — Valuing Injunctive Relief from Plaintiff’s vs. Defendant’s Viewpoint (Circuit Split)

Heartland Mt. Airy of Cincinnati OH., LLC v. Johnson, 2015 U.S. Dist. LEXIS 18688 (S.D. Ohio Feb. 17, 2015): Federal courts have jurisdiction over actions between citizens of different states when the amount in controversy exceeds $75,000. 28 U.S.C. § 1332(a). When a plaintiff invokes federal jurisdiction by filing an action ...
Heartland Mt. Airy of Cincinnati OH., LLC v. Johnson, 2015 U.S. Dist. LEXIS 18688 (S.D. Ohio Feb. 17, 2015): Federal courts have jurisdiction over actions between citizens of different states when the amount in controversy exceeds $75,000. 28 U.S.C. §…
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Personal Jurisdiction — Is a Corporation Still Subject to Jurisdiction Because It Appointed an Agent for Process When It Registered to Do Business? — Circuit Split — Admission of Personal Jurisdiction in One Case Doesn’t Extend to Another

Takeda GMBH v. Mylan Pharma. Inc., 2016 U.S. Dist. LEXIS 3490 (D.N.J. Jan. 12, 2016): Plaintiffs, Takeda GmbH, AstraZeneca Pharmaceuticals LP, and AstraZeneca UK Limited (collectively, "Plaintiffs"), bring this Hatch-Waxman Act patent infringement suit against Defendant Mylan Pharmaceuticals Inc. ("Defe ...
Takeda GMBH v. Mylan Pharma. Inc., 2016 U.S. Dist. LEXIS 3490 (D.N.J. Jan. 12, 2016): Plaintiffs, Takeda GmbH, AstraZeneca Pharmaceuticals LP, and AstraZeneca UK Limited (collectively, "Plaintiffs"), bring this Hatch-Waxman Act patent infringement suit against Defendant Mylan Pharmaceuticals Inc. ("Defendant"),…
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Website Evidence — Because a Website Is a Dynamic Collection of Changing Data, Reference to It in Complaint Does Not Incorporate Any Specific Page as of Any Specific Date — No Judicial Notice of Wayback Machine in Seventh Circuit

My Health, Inc. v. Gen. Elec. Co., 2015 U.S. Dist. LEXIS 172252 (W.D. Wis. Dec. 28, 2015): My Health, Inc. alleges that General Electric Company infringes its federally registered trademark, MY HEALTH. (The court will use all capitals to refer to the mark and "My Health" to refer to the plaintiff.) My Health uses MY HEALTH i ...
My Health, Inc. v. Gen. Elec. Co., 2015 U.S. Dist. LEXIS 172252 (W.D. Wis. Dec. 28, 2015): My Health, Inc. alleges that General Electric Company infringes its federally registered trademark, MY HEALTH. (The court will use all capitals to refer…
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Federal Jurisdiction — Can the All Writs Act Provide Removal Jurisdiction in Extraordinary Circumstances when There Is No Independent Basis for Jurisdiction? — Circuit Split

Camellia Grill Holdings, Inc. v. Grill Holdings, LLC, 2015 U.S. Dist. LEXIS 132930 (E.D. La. Sept. 30, 2015): II. All Writs Act In the alternative, Defendants assert that the Court should exercise jurisdiction pursuant to the All Writs Act, which states that "[t]he Supreme Court and all courts established ...
Camellia Grill Holdings, Inc. v. Grill Holdings, LLC, 2015 U.S. Dist. LEXIS 132930 (E.D. La. Sept. 30, 2015): II. All Writs Act In the alternative, Defendants assert that the Court should exercise jurisdiction pursuant to the All Writs Act, which…
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Spoliation of Tangible Evidence — 10th Circuit Standards — Failure to Preserve Life as Potential Spoliation — No Liability for Spoliation by Unaffiliated Third Party

Jones v. Norton, 2015 U.S. App. LEXIS 22792 (10th Cir. Dec. 29, 2015): This case arises from the death of Ute Tribe member Todd R. Murray on [*2]  April 1, 2007, following a police pursuit. Murray's parents Debra Jones and Arden Post, on behalf of themselves and Murray's estate, brought a 13-count complaint i ...
Jones v. Norton, 2015 U.S. App. LEXIS 22792 (10th Cir. Dec. 29, 2015): This case arises from the death of Ute Tribe member Todd R. Murray on [*2]  April 1, 2007, following a police pursuit. Murray's parents Debra Jones and…
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Rule 37(c)(1) Sanctions — Failure to Disclose Important Conversation in Complaint or Response to Interrogatory Leads to Exclusion When Offered on Summary Judgment (and to Loss on Summary Judgment) — Particularly Wide Latitude Given 37(c)(1) Sanctions

Oyarzo v. Turner, 2015 U.S. App. LEXIS 22718 (9th Cir. Dec. 28, 2015): 3. We affirm the district court's grant of summary judgment for board members Darlene Hutchins and Joseph Turner on Oyarzo's First Amendment claim that they deterred him from protected political activity. In his opposition to summary judgment, [*4] ...
Oyarzo v. Turner, 2015 U.S. App. LEXIS 22718 (9th Cir. Dec. 28, 2015): 3. We affirm the district court's grant of summary judgment for board members Darlene Hutchins and Joseph Turner on Oyarzo's First Amendment claim that they deterred him…
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Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

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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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