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

Do State or Federal Claim Preclusion (Res Judicata) Principles Determine the Effect of Unreviewed State Administrative Agency Factfinding? Circuit Split

Morris v. City of Trenton, 2014 U.S. Dist. LEXIS 136003 (D.N.J. Sept. 26, 2014): 2. Res Judicata The Supreme Court has definitively stated that the notion of full faith and credit (codified at 28 U.S.C. § 1738) "requires that state-court judgments be given both issue and claim preclusive ...
Morris v. City of Trenton, 2014 U.S. Dist. LEXIS 136003 (D.N.J. Sept. 26, 2014): 2. Res Judicata The Supreme Court has definitively stated that the notion of full faith and credit (codified at 28 U.S.C. § 1738) "requires that state-court…
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Daubert — Shaky but Admissible Evidence Is to Be Attacked by Cross-Examination, Contrary Evidence, and Attention to the Burden of Proof, Not Exclusion — Good Quotes on Weight vs. Admissibility

City of Pomona v. SQM N.Am. Corp., 750 F.3d 1036 (9th Cir. 2014), pet’n for cert. pending: After excessive levels of the chemical perchlorate were found in a city's water system, the city undertook to investigate the source of that contamination and remediate. Using a methodology known as "stable isotope analysis,& ...
City of Pomona v. SQM N.Am. Corp., 750 F.3d 1036 (9th Cir. 2014), pet’n for cert. pending: After excessive levels of the chemical perchlorate were found in a city's water system, the city undertook to investigate the source of that…
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Email Evidence — The Admissibility of Emails as Business Records “Is Not a Clear-Cut Issue” — Email Created within a Business Entity Does Not, for That Reason Alone, Satisfy the Business Records Exception — Good Quotes

Kloeckner v Perez, 2014 U.S. Dist. LEXIS 138009 (E.D. Mo. Sept. 30, 2014): Plaintiff objects to the admission of these exhibits "because they relate to actions taken after Plaintiff left the Department and after S. Eischen, S. Newman, and G. Newman were aware of Plaintiff's EEO compliant to include allegations of gender discr ...
Kloeckner v Perez, 2014 U.S. Dist. LEXIS 138009 (E.D. Mo. Sept. 30, 2014): Plaintiff objects to the admission of these exhibits "because they relate to actions taken after Plaintiff left the Department and after S. Eischen, S. Newman, and G.…
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Sanctions — Discretion Narrows as Severity of Sanction Increases — Rule 37 Dismissal or Default: Eighth Circuit Standards — Rule 41 Dismissal: Dilatory Conduct Attributable Solely to Counsel Less Worthy of Dismissal with Prejudice

Bergstrom v. Frascone, 744 F.3d 571 (8th Cir. 2014): James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months,  [**2] Bergstrom's attorney failed to comply with a court ordered deadline to submit answers to written disc ...
Bergstrom v. Frascone, 744 F.3d 571 (8th Cir. 2014): James Bergstrom filed suit claiming malicious prosecution and violations of his civil rights. After numerous delays drawing out the discovery period for eighteen months,  [**2] Bergstrom's attorney failed to comply with…
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Does Appeal of Arbitrability Decision Divest District Court of Jurisdiction over Underlying Claims? Circuit Split — Appeal to District Court of Bankruptcy Court Arbitrability Decision Results in Automatic Stay of Bankruptcy Proceedings

Vanderbilt Mortg. & Fin., Inc. v. Lucas, 2014 U.S. Dist. LEXIS 116974 (S.D. W.Va. Aug. 22, 2014): The issue before the Court is whether an appeal to the district court, following a bankruptcy court's denial of a motion to compel arbitration, results in an automatic stay of those bankruptcy court proceedings.  The Fourth Circuit C ...
Vanderbilt Mortg. & Fin., Inc. v. Lucas, 2014 U.S. Dist. LEXIS 116974 (S.D. W.Va. Aug. 22, 2014): The issue before the Court is whether an appeal to the district court, following a bankruptcy court's denial of a motion to compel…
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§ 1927 Sanctions for Opposing Dismissal of Suit Claiming That DNC Falsely Represented That President Obama Was Qualified to Be President

Liberty Legal Found. v. Nat’l Democratic Party, 2014 U.S. App. LEXIS 18330 (6th Cir. Sept. 23, 2014): This case arises from the entry of sanctions under 28 U.S.C. § 1927 against Plaintiffs. The district court granted the Defendants' motion for sanctions, finding that Plaintiffs brought a frivolous suit, which accused Defendants ...
Liberty Legal Found. v. Nat’l Democratic Party, 2014 U.S. App. LEXIS 18330 (6th Cir. Sept. 23, 2014): This case arises from the entry of sanctions under 28 U.S.C. § 1927 against Plaintiffs. The district court granted the Defendants' motion for…
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Pro Hac Vice Appearance vs. “Consulting Lawyer” Status — Five-Factor Test for Determining When a Lawyer Is a Consulting Lawyer and Need Not Appear Pro Hac Vice in Federal Court

  Gsell v. Rubin & Yates, LLC, 2014 U.S. Dist. LEXIS 123937 (E.D. Pa. Sept. 4, 2014): This case raises the question of whether a lawyer [Mr. Lee], who is not admitted to practice in the Eastern District of Pennsylvania ("E.D. Pa."), generally or pro hac vice, may recover attorney's fees as a "consulting" ...
Gsell v. Rubin & Yates, LLC, 2014 U.S. Dist. LEXIS 123937 (E.D. Pa. Sept. 4, 2014): This case raises the question of whether a lawyer [Mr. Lee], who is not admitted to practice in the Eastern District of Pennsylvania ("E.D.…
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Defendant Real-Party-in-Interest May Remove without Filing Appearance in State Court — “The Defendant” in 28 U.S.C. § 1441 = Defendant Real-Party-in-Interest

La Russo v. St. George’s Univ. Sch. of Med., 747 F.3d 90 (2d Cir. 2014) (Question:  Is the following analysis consistent with the holding of Lincoln Property Co. v. Roche, 546 U.S. 81 (2005)?): This appeal primarily concerns a narrow issue of federal procedural law and an equally narrow issue of New York procedural law.
La Russo v. St. George’s Univ. Sch. of Med., 747 F.3d 90 (2d Cir. 2014) (Question:  Is the following analysis consistent with the holding of Lincoln Property Co. v. Roche, 546 U.S. 81 (2005)?): This appeal primarily concerns a narrow…
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Comity among Circuits — Separate Proceedings Concerning Same Subject Matter Should Be Decided Alike — Like Law of the Case — One Circuit Shouldn’t Grant Relief Substantially Interfering with Decisions of Sister Circuit — Good Quotes

Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014) (Note:  In the ongoing Chevron/Ecuador litigation, Chevron sought documents from co-counsel of Donziger in Maryland both under Rule 45 in connection with litigation in the Southern District of New York and under § 1782 in connection with its continuing ...
Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014) (Note:  In the ongoing Chevron/Ecuador litigation, Chevron sought documents from co-counsel of Donziger in Maryland both under Rule 45 in connection with litigation…
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Rule 45 — No Appellate Jurisdiction to Review Order Compelling Production of Privileged Material — Perlman Inapt If Work Product Protection Claimed Because Lawyer Interested in Work Product — Does Mohawk Overrule Perlman?

Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014): These consolidated appeals stem from a multi-billion-dollar judgment rendered in Ecuador against the Chevron Corporation. Chevron has sought discovery in several American courts to obtain evidence that [*2]  the Ecuadorian plaintiffs and thei ...
Chevron Corp. v. Page (In re Narango), 2014 U.S. App. LEXIS 18293 (4th Cir. Sept. 24, 2014): These consolidated appeals stem from a multi-billion-dollar judgment rendered in Ecuador against the Chevron Corporation. Chevron has sought discovery in several American courts…
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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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