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 11 — Safe Harbor for Surviving Summary Judgment — Factual Allegations Made Collectively against Multiple Related Entities Excused Due to Complexity of Corporate Structure

Manhattan Constr. Co. v. Place Props. LP, 2014 U.S. App. LEXIS 4911 (11th Cir. Mar. 17, 2014): Place Collegiate Properties Company ("PCPC") appeals the district court's decision denying its motion for sanctions. After review and with the benefit of oral argument, we affirm. I. BACKGROUND Ce ...
Manhattan Constr. Co. v. Place Props. LP, 2014 U.S. App. LEXIS 4911 (11th Cir. Mar. 17, 2014): Place Collegiate Properties Company ("PCPC") appeals the district court's decision denying its motion for sanctions. After review and with the benefit of oral…
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RICO — PSLRA Bar — Eleventh Circuit Adopts Broad Reading of Third and Other Circuits — Looks to Criminal, SEC Enforcement Precedents Barring Same Conduct

Licht v. Watson, 2014 U.S. App. LEXIS 9546 (11th Cir. May 22, 2014): I. BACKGROUND Licht is the Managing Director and Chief Operations Officer of Simulated Environment Concepts, Inc. (Simulated). Between 2008 and 2011, Licht alleges that 14 individual and 9 entity defendants orchestrated a "pump-an ...
Licht v. Watson, 2014 U.S. App. LEXIS 9546 (11th Cir. May 22, 2014): I. BACKGROUND Licht is the Managing Director and Chief Operations Officer of Simulated Environment Concepts, Inc. (Simulated). Between 2008 and 2011, Licht alleges that 14 individual and …
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§ 1927 and Inherent Power Sanctions — Ethical Rules as Gauge — Clear & Convincing Evidence — Deceiving Unrepresented Party into Default & Inculpation — Evidence Excluded, Default Opened — Civility Duties — Good Quotes

Marino v. Usher, 2014 U.S. Dist. LEXIS 69521 (E.D. Pa. May 21, 2014): Throughout this copyright litigation, Plaintiff's Counsel, Francis Malofiy, has behaved in a flagrantly unprofessional and offensive manner. Seventeen of the twenty Defendants in this action have moved for the imposition of sanctions against Mr. ...
Marino v. Usher, 2014 U.S. Dist. LEXIS 69521 (E.D. Pa. May 21, 2014): Throughout this copyright litigation, Plaintiff's Counsel, Francis Malofiy, has behaved in a flagrantly unprofessional and offensive manner. Seventeen of the twenty Defendants in this action have moved…
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Arbitration — Does District Court Have Discretion to Dismiss, Rather Than Stay, Action It Determines to Be Arbitrable? Circuit Split

Norfolk s. Rwy. v. Fla. E. Coast Rwy., 2014 U.S. Dist. LEXIS 24737 (M.D. Fla. Feb. 26, 2014): In its Motion to Compel Arbitration, FEC requests that this Court dismiss the instant action, or in the alternative stay the proceeding, and compel arbitration. See FEC Motion to Compel Arbitration at 22. The FAA provides that "u ...
Norfolk s. Rwy. v. Fla. E. Coast Rwy., 2014 U.S. Dist. LEXIS 24737 (M.D. Fla. Feb. 26, 2014): In its Motion to Compel Arbitration, FEC requests that this Court dismiss the instant action, or in the alternative stay the proceeding,…
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Subpoenas — Under 2013 Amendments to Rule 45, Parties and Their Officers May Not Be Subpoenaed to Travel More Than 100 Miles or Outside Their States of Residence or Business

Havens v. Maritime Commc’ns/Land Mobile, LLC, 2014 U.S. Dist. LEXIS 68786 (D.N.J. May 20, 2014): I. Introduction On April 25, 2014, defendant Touch Tel Corporation ("Touch Tel") moved to quash trial subpoenas issued by MCLM to Robert Cooper, its president, and David Kling, its chief engineer.  < ...
Havens v. Maritime Commc’ns/Land Mobile, LLC, 2014 U.S. Dist. LEXIS 68786 (D.N.J. May 20, 2014): I. Introduction On April 25, 2014, defendant Touch Tel Corporation ("Touch Tel") moved to quash trial subpoenas issued by MCLM to Robert Cooper, its president,…
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RICO Plaintiff Can’t Sue for Injury to 3rd Party—Pro Se Can’t Represent Another—Non-Party Can’t Appeal—Awareness of Fraud Bars Mail Fraud Claim—Vague Allegations ≠ RICO Claim—No FRAP 38 Sanctions for Pro Se for Bad Legal Args

Miller v. Pocono Ranch Lands Prop. Owners Ass’n Inc., 2014 U.S. App. LEXIS 3191 (2d Cir. Feb. 21, 2014): Pro se appellant Marlene Miller appeals the District Court's order dismissing her third amended complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. We have jurisdiction under 28 U.S.C. § 1291 and exercise ...
Miller v. Pocono Ranch Lands Prop. Owners Ass’n Inc., 2014 U.S. App. LEXIS 3191 (2d Cir. Feb. 21, 2014): Pro se appellant Marlene Miller appeals the District Court's order dismissing her third amended complaint under Rule 12(b)(6) of the Federal…
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Rule 26(a)(1) Disclosures — Failure to Identify Witnesses That Party “May Use” Not Excused by Their Mention in Produced Documents Nor by Reference to One as Knowledgeable in Interrogatory Answers — 26(e) No Defense

Wallace v. USAA Life Gen. Agency, Inc., 862 F. Supp. 2d 1062 (D. Nev. 2012): This action involves USAA's denial of Plaintiff's claim for life insurance benefits based on the insurer's contention that Plaintiff's deceased husband's life insurance application contained misrepresentations and omissions that were mater ...
Wallace v. USAA Life Gen. Agency, Inc., 862 F. Supp. 2d 1062 (D. Nev. 2012): This action involves USAA's denial of Plaintiff's claim for life insurance benefits based on the insurer's contention that Plaintiff's deceased husband's life insurance application contained…
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Inherent Power Sanctions — Bad Faith Litigation Abuse vs. “Fraud on the Court” — Bad Faith Essential for Attorneys’ Fees, Not All Inherent Power Sanctions — State of Mind of Individual Employees, Inhouse Counsel Attributable to Entity

Monsanto Co. v. E.I. Du Pont de Nemours & Co., 2014 U.S. App. LEXIS 8746 (Fed. Cir. May 9, 2014) (applying Eighth Circuit sanctions law): E.I. Du Pont de Nemours and Company and its subsidiary Pioneer Hi-Bred International, Inc. (collectively "DuPont") appeal from the orders of the United States District Court for the Easter ...
Monsanto Co. v. E.I. Du Pont de Nemours & Co., 2014 U.S. App. LEXIS 8746 (Fed. Cir. May 9, 2014) (applying Eighth Circuit sanctions law): E.I. Du Pont de Nemours and Company and its subsidiary Pioneer Hi-Bred International, Inc. (collectively…
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Appeals — Court of Appeals Will Not Consider Matters Not Specifically and Distinctly Raised and Argued in Opening Brief

Beauregard v. State of Washington, 551 Fed. App’x 349 (9th Cir. 2014): We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam). *** Defendants' motion to strike the Beauregards' numerous ...
Beauregard v. State of Washington, 551 Fed. App’x 349 (9th Cir. 2014): We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009)…
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Hearsay — Uncertain Standard of Review — Business Records “Fraught with Double Hearsay” — Authenticating Witness & Personal Knowledge — Business Duty Requirement for Third-Party Speakers (Good Quotes)

Peak v. Kubota Tractor Corp., 2014 U.S. App. LEXIS 9174 (6th Cir. May 16, 2014): Plaintiff-Appellant Anthony Peak ("Plaintiff") was injured after the front-end loader tractor he was using to move boulders malfunctioned, causing the boulders to fall on him, resulting in severe injuries. The jury rendered a verdict fo ...
Peak v. Kubota Tractor Corp., 2014 U.S. App. LEXIS 9174 (6th Cir. May 16, 2014): Plaintiff-Appellant Anthony Peak ("Plaintiff") was injured after the front-end loader tractor he was using to move boulders malfunctioned, causing the boulders to fall on him, …
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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