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

Removal — Is It Sufficient for One Defendant, in a Timely Notice of Removal, to Recite That All Co-Defendants Consent to Removal or Must Each of Them Separately Consent in Writing? — Circuit Split

Baldy v. First Niagara Pavilion, CCRL, LLC, 2015 U.S. Dist. LEXIS 162123 (W.D. Pa. Dec. 3, 2015): B. The Circuit Split District [*13]  courts within the Third Circuit have recognized that "[u]nanimity may be expressed by defendants either jointly filing the notice of removal or consenting to the r ...
Baldy v. First Niagara Pavilion, CCRL, LLC, 2015 U.S. Dist. LEXIS 162123 (W.D. Pa. Dec. 3, 2015): B. The Circuit Split District [*13]  courts within the Third Circuit have recognized that "[u]nanimity may be expressed by defendants either jointly filing …
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Securities — Scienter — May a Plaintiff Plead Collective Scienter against an Entity without Pleading Scienter against an Individual Associated with It? — Circuit Split

Sun v. Han, 2015 U.S. Dist. LEXIS 170005 (D.N.J. Dec. 21, 2015): This matter comes before the Court by way of Defendant Mazars CPA Limited ("Mazars CPA" or "Defendant")'s Motion to Dismiss (ECF No. 30, "Def s. Mov. Br.") Plaintiff Bin Qu's amended putative class action complaint ("Amended Com ...
Sun v. Han, 2015 U.S. Dist. LEXIS 170005 (D.N.J. Dec. 21, 2015): This matter comes before the Court by way of Defendant Mazars CPA Limited ("Mazars CPA" or "Defendant")'s Motion to Dismiss (ECF No. 30, "Def s. Mov. Br.") Plaintiff…
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28 U.S.C. § 1782 — Statutory & Discretionary Factors — International (UNCITRAL) Arbitration Is a “Foreign Proceeding” for Which Discovery May Be Ordered under § 1782

In re Application of Republic of Ecuador, 2015 U.S. Dist. LEXIS 169500 (D. Mass. Dec. 18, 2015): The Republic of Ecuador and its civil attorney general, Dr. Diego García Carrión (collectively, the "Republic") submitted an application under 28 U.S.C. § 1782(a) for an order allowing them to serve a subpoena on Dr. ...
In re Application of Republic of Ecuador, 2015 U.S. Dist. LEXIS 169500 (D. Mass. Dec. 18, 2015): The Republic of Ecuador and its civil attorney general, Dr. Diego García Carrión (collectively, the "Republic") submitted an application under 28 U.S.C. §…
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Email Admissible for Nonhearsay Purpose of Showing Recipient Was Informed of Info It Reflects (Here, Party’s Interpretation of Alleged Contract) — Authenticated by Affidavit of Recipient and Fact Objecting Party Produced It in Discovery

Nola Fine Art, Inc. v. Ducks Unlimited, Inc., 2015 U.S. Dist. LEXIS 17450 (E.D. La. Feb. 12, 2015): a. Ducks Unlimited's Motion to Strike Plaintiffs' Summary Judgment Exhibits Ducks Unlimited moves to strike two of plaintiffs' summary judgment exhibits. First, Ducks Unlimited moves to strik ...
Nola Fine Art, Inc. v. Ducks Unlimited, Inc., 2015 U.S. Dist. LEXIS 17450 (E.D. La. Feb. 12, 2015): a. Ducks Unlimited's Motion to Strike Plaintiffs' Summary Judgment Exhibits Ducks Unlimited moves to strike two of plaintiffs' summary judgment exhibits. First,…
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Inherent Power Sanctions Require Bad Faith or Willful Disobedience of Order — Court Must Be Sure of Facts and Law on Which It Acts (Good Quote) — Contempt Immediately Appealable by Nonparty — Premature Notice of Appeal Takes Effect When Case Ends

Trade Well Int’l v. United Central Bank, 2015 U.S. App. LEXIS 2100 (7th Cir. Feb. 10, 2015): Maurice Salem, a member of the New York Bar, was admitted pro hac vice in the U.S. District Court for the Western District of Wisconsin in connection with some commercial litigation. Salem represents Trade Well International, a Paki ...
Trade Well Int’l v. United Central Bank, 2015 U.S. App. LEXIS 2100 (7th Cir. Feb. 10, 2015): Maurice Salem, a member of the New York Bar, was admitted pro hac vice in the U.S. District Court for the Western District…
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Punitive Damages — Constitutionality — Factors — Punitives in Excess of Compensatory Upheld for Defamation

Armstrong v. Shirvell, 2015 U.S. App. LEXIS 1782 (6th Cir. Feb. 2, 2015): Andrew Shirvell, an alumnus of the University of Michigan and a former Assistant Attorney General for the State of Michigan, engaged in an online and in-person "campaign" against Christopher Armstrong, the former president of the University of Michigan ...
Armstrong v. Shirvell, 2015 U.S. App. LEXIS 1782 (6th Cir. Feb. 2, 2015): Andrew Shirvell, an alumnus of the University of Michigan and a former Assistant Attorney General for the State of Michigan, engaged in an online and in-person "campaign"…
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District Judge’s Recusal and Disqualification Decisions Reviewed for Abuse of Discretion — Quasi-Judicial Immunity Extends to Attorney Disciplinary (Grievance) Committees in New York

Neroni v. Coccoma, 2015 U.S. App. LEXIS 1485 (2d Cir. Jan. 30, 2015): Frederick J. Neroni appeals from the district court's judgment dismissing his complaint brought under 42 U.S.C. § 1983 for violations of his constitutional rights and denying his motion to recuse Judge Sharpe. *** A district judge ...
Neroni v. Coccoma, 2015 U.S. App. LEXIS 1485 (2d Cir. Jan. 30, 2015): Frederick J. Neroni appeals from the district court's judgment dismissing his complaint brought under 42 U.S.C. § 1983 for violations of his constitutional rights and denying his…
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Waiver of Right to Compel Arbitration — Factors — The Key to a Waiver Analysis Is Prejudice (Good Quote) — Types of Prejudice: Substantive, Excessive Cost — No Waiver Absent Substantial Motion Practice or Discovery

Sutherland v. Ernst & Young, LLP, 2015 U.S. App. LEXIS 773 (2d Cir. Jan. 20, 2015):   We review [*2]  a district court's decision regarding waiver of a party's right to arbitrate de novo. Thyssen, Inc. v. Calypso Shipping Corp., S.A., 310 F.3d 102, 104 (2d Cir. 2002). The appeal turn ...
Sutherland v. Ernst & Young, LLP, 2015 U.S. App. LEXIS 773 (2d Cir. Jan. 20, 2015):   We review [*2]  a district court's decision regarding waiver of a party's right to arbitrate de novo. Thyssen, Inc. v. Calypso Shipping Corp., S.A.,…
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Primary Jurisdiction Doctrine Limited to Issues of First Impression or That Are Particularly Complicated and Committed to Agency Discretion, and If Protections of Regulatory Scheme Dictates Preliminary Resort to Agency — Factors

Alvarado v. Bay Area Credit Serv., LLC, 2015 U.S. Dist. LEXIS 5646 (N.D. Cal. Jan. 16, 2015): "The primary jurisdiction doctrine allows courts to stay proceedings or to dismiss a complaint without prejudice pending the resolution of an issue within the special competence of an administrative agency." Clark v. Time Warner Cab ...
Alvarado v. Bay Area Credit Serv., LLC, 2015 U.S. Dist. LEXIS 5646 (N.D. Cal. Jan. 16, 2015): "The primary jurisdiction doctrine allows courts to stay proceedings or to dismiss a complaint without prejudice pending the resolution of an issue within…
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First Amendment Bars Courts from Deciding Religious Questions, But Not Disputes Secular in Nature — RICO Claim Dependent on Resolution of Disputed Religious Question Precluded — Judicial Estoppel: Factors (Majority View)

Hutterville Hutterian Brethren, Inc. v. Sveen, 2015 U.S. App. LEXIS 523 (8th Cir. Jan. 13, 2015): This case publishes a new chapter in the legal struggle for control of Hutterville Hutterian Brethren, Inc. (Hutterville), a South Dakota religious nonprofit corporation whose members [*2]  have split into factions, mirroring a l ...
Hutterville Hutterian Brethren, Inc. v. Sveen, 2015 U.S. App. LEXIS 523 (8th Cir. Jan. 13, 2015): This case publishes a new chapter in the legal struggle for control of Hutterville Hutterian Brethren, Inc. (Hutterville), a South Dakota religious nonprofit corporation …
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Recent Posts

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

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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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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