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

Attorney Discipline — Court of Appeals Reviews De Novo Whether Conduct Is Subject to Sanction — Choice of Sanction Reviewed for Abuse of Discretion

In re Booker, 2015 U.S. App. LEXIS 22127 (5th Cir. Dec. 18, 2015): Robert Booker was suspended from the roll of attorneys admitted to practice in the United States District Court for the Eastern District of Texas (the "Eastern District") for three years. In June 2015, Booker appealed that suspension, claiming the dis ...
In re Booker, 2015 U.S. App. LEXIS 22127 (5th Cir. Dec. 18, 2015): Robert Booker was suspended from the roll of attorneys admitted to practice in the United States District Court for the Eastern District of Texas (the "Eastern District") …
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Sanctions — “This Appeal … Can Only Be Described as an Exercise in Chutzpah” (Good Quote) — Bankruptcy Court Has Authority to Dismiss a Chapter 7 Case for Cause for Bad Faith Litigation Abuse

Krueger v. Torres (In re Krueger), 812 F.3d 365 (5th Cir. Tex. Jan. 19, 2016): This appeal of a bankruptcy court decision dismissing a chapter 7 case "for cause" can only be described as an exercise in chutzpah. The debtor flagrantly and repeatedly abused bankruptcy and court processes to retain a ...
Krueger v. Torres (In re Krueger), 812 F.3d 365 (5th Cir. Tex. Jan. 19, 2016): This appeal of a bankruptcy court decision dismissing a chapter 7 case "for cause" can only be described as an exercise in chutzpah.…
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Judicial Notice of Internet Evidence — Appellate Court’s Taking Notice of Ongoing Proceedings in Lower Court Is Consistent with Its Authority to Require Supplementation of the Record and to Issue a Writ for Such Records

Matter of MKT, 2016 OK 4; 2016 Okla. LEXIS 6 (Okla. Sup. Ct. Jan. 20, 2016): The district court ordered the transfer of a minor child, S.A.W., to a foster-adoption home that was in compliance with the Indian Child Welfare Act and the Oklahoma Indian Child Welfare Act [IWCA], and in the bests interests of the child. Foster mother, natu ...
Matter of MKT, 2016 OK 4; 2016 Okla. LEXIS 6 (Okla. Sup. Ct. Jan. 20, 2016): The district court ordered the transfer of a minor child, S.A.W., to a foster-adoption home that was in compliance with the Indian Child Welfare…
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Inherent Power Sanctions for Filing 3rd & 4th Amended Complaints That Added 131 Pages of Text and 402 Pages of Exhibits Stating No New Claims and Only Marginally Pertinent to Existing Claims — Also, No RICO Causation

Mack v. Delta Air Lines, Inc., 2016 U.S. App. LEXIS 706 (11th Cir. Jan. 15, 2016): Plaintiffs Olivia Jiheekim Mack ("Mack") and David Mack, proceeding pro se, appeal the district court's dismissal of Mack's amended complaint against Mack's employer, Delta Air Lines, Inc. ("Delta"), and against Sedgewick ...
Mack v. Delta Air Lines, Inc., 2016 U.S. App. LEXIS 706 (11th Cir. Jan. 15, 2016): Plaintiffs Olivia Jiheekim Mack ("Mack") and David Mack, proceeding pro se, appeal the district court's dismissal of Mack's amended complaint against Mack's employer, Delta…
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FRAP 38 Sanctions Not Lightly Invoked — Law Allows for Reasonable Disagreements (Good Quotes) — Mistaken Labeling of Motion as Rule 11 Forgiven — Ignored District Court Warning Case Was Unreasonable & Vexatious

CFE Grp., LLC v. FirstMerit Bank, N.A., 2015 U.S. App. LEXIS 22914 (7th Cir. Dec. 31, 2015): The principal question in this appeal is whether the district court correctly refused to enjoin a state court from adjudicating a case that the state-court plaintiff had voluntarily dismissed in an earlier incarnation in federal court. In the ...
CFE Grp., LLC v. FirstMerit Bank, N.A., 2015 U.S. App. LEXIS 22914 (7th Cir. Dec. 31, 2015): The principal question in this appeal is whether the district court correctly refused to enjoin a state court from adjudicating a case that…
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District Court Is Bound to Follow the Law of Its Circuit and Is Not to Resolve Circuit Splits (Good Quote)

Harris v. Warden, 2015 U.S. Dist. LEXIS 172172 (M.D. Fla. Dec. 28, 2015): This Court is bound to follow the law of the Eleventh Circuit Court of Appeals. Zuniga v. United Can Co., 812 F.2d 443, 450 (9th Cir. 1987) (recognizing that [*12]  district courts are "bound by the law of their own circuit," and &quo ...
Harris v. Warden, 2015 U.S. Dist. LEXIS 172172 (M.D. Fla. Dec. 28, 2015): This Court is bound to follow the law of the Eleventh Circuit Court of Appeals. Zuniga v. United Can Co., 812 F.2d 443, 450 (9th Cir. 1987)…
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Supreme Court: Unaccepted Offer of Judgment or Contractual Offer Doesn’t Moot Case (Here, Class Action) — Does Deposit of Full Amount? — Must Liability Be Admitted? — Must Court Enter Judgment for Plaintiff?

Campbell-Ewald Co. v. Gomez, 2016 U.S. LEXIS 846 (U.S. Jan. 20, 2016): Is an unaccepted offer to satisfy the named plaintiff's individual claim sufficient to render a case moot when the complaint seeks relief on behalf of the plaintiff and a class of persons similarly situated? This question, on which Courts of Ap ...
Campbell-Ewald Co. v. Gomez, 2016 U.S. LEXIS 846 (U.S. Jan. 20, 2016): Is an unaccepted offer to satisfy the named plaintiff's individual claim sufficient to render a case moot when the complaint seeks relief on behalf of the plaintiff and …
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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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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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