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

Rule 68 Offer of Judgment Exceeding Putative Class Representative’s Individual Claim Does Not Moot Class Action If Offer Is Made after Class Certification Motion Made

Tocco v. Real Time Resolutions, Inc., 2014 U.S. Dist. LEXIS 112492 (S.D.N.Y. Aug. 13, 2014): Rule 68 permits a defendant to "serve on an opposing party an offer to allow judgment on specific terms." Fed. R. Civ. P. 68(a). When an offer of judgment exceeds the amount the plaintiff could recover, the plaintiff's claim is m ...
Tocco v. Real Time Resolutions, Inc., 2014 U.S. Dist. LEXIS 112492 (S.D.N.Y. Aug. 13, 2014): Rule 68 permits a defendant to "serve on an opposing party an offer to allow judgment on specific terms." Fed. R. Civ. P. 68(a). When…
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Taxation of Costs: Video Deposition Editing, In-Court Technical Support, Equipment Rental Not Taxable under § 1920 (Circuit Split, New S.Ct. Case Unfavorable) — Demonstrative Boards Not Necessary

Fowler v. Cal. Hwy. Patrol, 2014 U.S. Dist. LEXIS 112540 (N.D. Cal. Aug. 13, 2014): Defendants move the Court to review and tax two discrete costs disallowed by the Clerk: (1) exemplification costs related to video presentations used at trial and (2) fees for [*6]  deposition transcripts. Based on a de novo review of these ch ...
Fowler v. Cal. Hwy. Patrol, 2014 U.S. Dist. LEXIS 112540 (N.D. Cal. Aug. 13, 2014): Defendants move the Court to review and tax two discrete costs disallowed by the Clerk: (1) exemplification costs related to video presentations used at trial …
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Securities — Satisfaction of Morrison’s 2-Part Test Is Necessary, But Not Sufficient, to Support Invocation of 10b-5 — If Application of 10b-5 Would Be Incompatible with Foreign Regulation, 10b-5 Inapt

Parkcentral Global Hub Ltd. v. Porsche Auto. Holdings, SE,  2014 U.S. App. LEXIS 15758 (2d Cir. Aug. 15, 2014): In Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), the Supreme Court established that, by virtue of the presumption against extraterritorial application of U.S. statutes, § 10(b) of the Sec ...
Parkcentral Global Hub Ltd. v. Porsche Auto. Holdings, SE,  2014 U.S. App. LEXIS 15758 (2d Cir. Aug. 15, 2014): In Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), the Supreme Court established that, by virtue of the presumption…
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§ 1927 Sanctions — Failure to Respond to Portions of Summary Judgment Motion Directed to Claims Plaintiff Choose to Abandon Is Not Sanctionable — Duty Is to Abandon Unsustainable Claims

Adams v. Austal, USA, LLC, 2014 U.S. App. LEXIS 11318 (11th Cir. June 17, 2014): Defendant-Appellant Austal USA, LLC appeals the March 2, 2012 order of the United States District Court for the Southern District of Alabama denying Austal's motion for attorneys' fees and sanctions against Plaintiff-Appellee Gloria Sullivan and h ...
Adams v. Austal, USA, LLC, 2014 U.S. App. LEXIS 11318 (11th Cir. June 17, 2014): Defendant-Appellant Austal USA, LLC appeals the March 2, 2012 order of the United States District Court for the Southern District of Alabama denying Austal's motion…
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Spoliation—Losing Evidence Suspiciously = Intentional—Stricter Review for Dismissal, Default—Discovery Not Limited to Relevant, Admissible Evidence, Is Fluid as Case Evolves—OK to Impose More Than Minimally Punitive Sanction (Good Quotes)

Sentis Group, Inc. v. Shell Oil Co., 2014 U.S. App. LEXIS 15597 (8th Cir. Aug. 14, 2014) (Note:  This is the second Sentis opinion by the Eighth Circuit.  See our post of April 23, 2009, for excerpts from the earlier opinion): Plaintiffs Sentis Group, Inc., and Coral Group, Inc., sued Defendants Sh ...
Sentis Group, Inc. v. Shell Oil Co., 2014 U.S. App. LEXIS 15597 (8th Cir. Aug. 14, 2014) (Note:  This is the second Sentis opinion by the Eighth Circuit.  See our post of April 23, 2009, for excerpts from the…
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Vexatious Litigant Injunctions — Factors — 2 Cases Too Few; Motion Practice Inadequate — “A Successful Motion Is Neither Baseless Nor Frivolous” — Limitations on Orders — Invited Briefs Not to Be Held against Filer (Good Quotes)

Ringgold-Lockhart v. Cnty. of L.A., 2014 U.S. App. LEXIS 14979 (9th Cir. Aug. 4, 2014): This appeal requires us to consider the limits of a federal court's authority to impose pre-filing restrictions against so-called vexatious litigants. The case arises from one of many episodes in a legal saga involving Nina Ringgold and the Los ...
Ringgold-Lockhart v. Cnty. of L.A., 2014 U.S. App. LEXIS 14979 (9th Cir. Aug. 4, 2014): This appeal requires us to consider the limits of a federal court's authority to impose pre-filing restrictions against so-called vexatious litigants. The case arises from…
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Failure to Plead Affirmative Defense Does Not Waive It Absent Prejudice to Plaintiff

Garofalo v. Village of Hazel Crest, 2014 U.S. App. LEXIS 11087 (7th Cir. June 12, 2014): Plaintiff-Appellants Michael Garofalo and Mark Peers appeal from the district court's grant of summary judgment in favor of Defendant-Appellees, the Village of Hazel Crest and its individual officers, in their race discrimination case. Garofal ...
Garofalo v. Village of Hazel Crest, 2014 U.S. App. LEXIS 11087 (7th Cir. June 12, 2014): Plaintiff-Appellants Michael Garofalo and Mark Peers appeal from the district court's grant of summary judgment in favor of Defendant-Appellees, the Village of Hazel Crest…
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Rule 11 Sanctions for Pursuing Issue of First Impression — Tenuous Nature of Legal Theory Coupled with Inadequate Factual Investigation — Rule 11 Factors (Eleventh Circuit)

Walther v. McIntosh, 2014 U.S. App. LEXIS 13987 (11th Cir. July 23, 2014): Dorothy Walther, Howard Walther, and Phillips P. O'Shaughnessy appeal the district court's order imposing sanctions against O'Shaughnessy under Federal Rule of Civil Procedure 11 for his conduct in pursuing a lawsuit in the district  [*2]
Walther v. McIntosh, 2014 U.S. App. LEXIS 13987 (11th Cir. July 23, 2014): Dorothy Walther, Howard Walther, and Phillips P. O'Shaughnessy appeal the district court's order imposing sanctions against O'Shaughnessy under Federal Rule of Civil Procedure 11 for his conduct…
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Does a Magistrate Judge Have Authority to Decide a Motion for Spoliation Sanctions under Rule 37 or the Court’s Inherent Power? As with Rule 11, the Case Law Is Split

In re Estate of Jackson v. Cnty. of Suffolk, 2014 U.S. Dist. LEXIS 96355 (E.D.N.Y. July 15, 2014)): Plaintiff the Estate of Willie Jackson ("plaintiff" or the "Estate") brings this action against numerous defendants associated with Suffolk County (the "County Defendants") based on an incident on April 2, ...
In re Estate of Jackson v. Cnty. of Suffolk, 2014 U.S. Dist. LEXIS 96355 (E.D.N.Y. July 15, 2014)): Plaintiff the Estate of Willie Jackson ("plaintiff" or the "Estate") brings this action against numerous defendants associated with Suffolk County (the "County…
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§ 1927 Sanctions — Recklessness May Suffice to Show Bad Faith — Multiplicity Essential: “Section 1927 Only Authorizes Shifting Fees That Are Associated with the Persistent Prosecution of a Meritless Claim.” (Good Quotes)

Hamaker v. Enerco Grp., Inc., 2014 U.S. App. LEXIS 9868 (5th Cir. May 28, 2014): Patricia Ayala brought suit in Louisiana state court  [*2] against a manufacturer, its insurers, and a retail store alleging that defects in a propane heater caused the death of her husband. The case was removed to federal court by the manufactur ...
Hamaker v. Enerco Grp., Inc., 2014 U.S. App. LEXIS 9868 (5th Cir. May 28, 2014): Patricia Ayala brought suit in Louisiana state court  [*2] against a manufacturer, its insurers, and a retail store alleging that defects in a propane heater …
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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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