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

Inherent Power Sanctions — Vacatur of Order Procured by False Court Filings within Court’s Discretion — Abuse of Discretion Defined (5th Cir.)

Wilson v. Novartis Pharm. Corp., 2014 U.S. App. LEXIS 13234 (5th Cir. July 11, 2014): Appellants Billy and Caroline Wilson appeal the district court's orders vacating a prior substitution order, dismissing the case pursuant to Rule 25(a), and denying Appellants' Rule 59(e) motion to alter or amend the judgment. For the followi ...
Wilson v. Novartis Pharm. Corp., 2014 U.S. App. LEXIS 13234 (5th Cir. July 11, 2014): Appellants Billy and Caroline Wilson appeal the district court's orders vacating a prior substitution order, dismissing the case pursuant to Rule 25(a), and denying Appellants'…
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Other Lessons of Halliburton 2—Overturning Long-Settled Precedent Requires Special Justification—Mere Error Not Enough—Stare Decisis Has Special Force in Statutory Interpretation (Good Quotes)

Halliburton Co. v. Erica P. John Fund, Inc., 2014 U.S. LEXIS 4305 (U.S. June 23, 2014): Investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to buy or sell a company's stock. In Basic Inc. v. Levinson, 485 U. S. 224, 108 S. C ...
Halliburton Co. v. Erica P. John Fund, Inc., 2014 U.S. LEXIS 4305 (U.S. June 23, 2014): Investors can recover damages in a private securities fraud action only if they prove that they relied on the defendant's misrepresentation in deciding to…
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RICO — Continuity: If Enterprise Is Legit Business, Evidence Must Permit Inference Predicate Acts = Regular Way of Doing Business or Imply Threat of Continued Criminal Activity — Multiple Acts of Mail Fraud in Furtherance of Single Fraud ≠ Pattern

Crawford v. Franklin Credit Mgmt. Corp., 2014 U.S. App. LEXIS 13179 (2d Cir. July 11, 2014): Plaintiff Linda D. Crawford appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, Judge, dismissing her amended complaint ("Complaint") which alleged that defendants ...
Crawford v. Franklin Credit Mgmt. Corp., 2014 U.S. App. LEXIS 13179 (2d Cir. July 11, 2014): Plaintiff Linda D. Crawford appeals from a judgment of the United States District Court for the Southern District of New York, John F. Keenan, …
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Appeals — “Though We Do Not Lightly Create a Circuit Split, We Are Obliged to Follow Supreme Court Precedent Even When It Might Be Viewed As Inequitable or as Form Over Substance” (Good Quote)

  Jewell v. United States, 749 F.3d 1295 (10th Cir. 2014): Though we do not lightly create a circuit split, we are obliged to follow Supreme Court precedent, even when it might be viewed as "inequitable" or as "form over substance." In Powell, the Supreme Court expressed itself cle ...
Jewell v. United States, 749 F.3d 1295 (10th Cir. 2014): Though we do not lightly create a circuit split, we are obliged to follow Supreme Court precedent, even when it might be viewed as "inequitable" or as "form over substance."…
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Judicial Notice of Internet Evidence — Fact That Certain Gambling Websites Are Owned by Foreign Entities, Which Is Ascertainable from Factual Documents Found on Reliable Sources on Internet, May Be Judicially Noticed

United States v. Hom, 2014 U.S. Dist. LEXIS 77489 (N.D. Cal. June 4, 2014): The following facts are uncontested. During 2006, pro se defendant John Hom gambled online through internet accounts with PokerStars.com and PartyPoker.com (Hendon Decl., Exh. 5 at 1-2). In 2007, defendant continued to gamble online through his PokerS ...
United States v. Hom, 2014 U.S. Dist. LEXIS 77489 (N.D. Cal. June 4, 2014): The following facts are uncontested. During 2006, pro se defendant John Hom gambled online through internet accounts with PokerStars.com and PartyPoker.com (Hendon Decl., Exh. 5 at…
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Rule 37 Sanctions — Purposes — Factors — Prejudice as Prerequisite to Obtaining Sanctions More Severe Than Fees — Categories of Prejudice

Paice, LLC v. Hyundai Motor Co., 2014 U.S. Dist. LEXIS 95043 (D. Md. June 27, 2014): B. Sanctions The Court now turns to consider whether discovery sanctions are appropriate for Defendants' discovery conduct to-date.5  Courts have broad discretion to impose punitive measures on any party who fai ...
Paice, LLC v. Hyundai Motor Co., 2014 U.S. Dist. LEXIS 95043 (D. Md. June 27, 2014): B. Sanctions The Court now turns to consider whether discovery sanctions are appropriate for Defendants' discovery conduct to-date.5  Courts have broad discretion to impose…
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How Much of an Explanation Must a District Court Provide in Certifying a Case for Immediate Appeal under Rule 54(b)? The Circuits Are Split, and the Right Answer Is None — A Result No Circuit Has Reached — Sutton, J., Concurring

Adler v. Elk Glenn, LLC, 2014 U.S. App. LEXIS 13044 (6th Cir. July 10, 2014) (Sutton, J., concurring) (note: Judge Sutton is Chair of the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference and a recognized scholar of the Federal Rules): SUTTON, J., concurring. When a ...
Adler v. Elk Glenn, LLC, 2014 U.S. App. LEXIS 13044 (6th Cir. July 10, 2014) (Sutton, J., concurring) (note: Judge Sutton is Chair of the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference…
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Denial of Disqualification Motion Not Appealable under § 1291 before Final Judgment — Mandamus May Be Available in Exceptional Circumstances

Averhart v. CWA Union Local 1033, 2014 U.S. App. LEXIS 12609 (3d Cir. July 3, 2014): In his supplemental brief, Averhart concedes that this Court presently lacks jurisdiction under 28 U.S.C. § 1291 to review the District Court's denial of his request to disqualify counsel, and he has expressly withdrawn his appeal to that extent. ...
Averhart v. CWA Union Local 1033, 2014 U.S. App. LEXIS 12609 (3d Cir. July 3, 2014): In his supplemental brief, Averhart concedes that this Court presently lacks jurisdiction under 28 U.S.C. § 1291 to review the District Court's denial of…
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RICO — Proof of Predicate Acts That Are Criminal Is Essential to a Successful Civil RICO Claim

Southern Snow Mfg. Co. v. Snowizard Holdings, Inc., 2014 U.S. App. LEXIS 12242 (Fed. Cir. June 30, 2014): A snowball is a confection of ice shavings, flavored with various syrups and typically served in a cone-shaped paper cup. This appeal arises from the conclusion of four consolidated lawsuits in the United States District C ...
Southern Snow Mfg. Co. v. Snowizard Holdings, Inc., 2014 U.S. App. LEXIS 12242 (Fed. Cir. June 30, 2014): A snowball is a confection of ice shavings, flavored with various syrups and typically served in a cone-shaped paper cup. This appeal …
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Appellate Practice — Failure to Develop Argument in Brief, Including a Single Conclusory Sentence, Forfeits Appellate Review

Schnader Harrison Segal & Lewis LLP, 2014 U.S. App. LEXIS 11647 (4th Cir. June 20, 2014): On appeal, Hershey also challenges the district  court's order granting Schnader's motion for Rule 11 sanctions.  "We review the decision to award sanctions for abuse of discretion." Newport News Holdings Corp. v. Virtual City ...
Schnader Harrison Segal & Lewis LLP, 2014 U.S. App. LEXIS 11647 (4th Cir. June 20, 2014): On appeal, Hershey also challenges the district  court's order granting Schnader's motion for Rule 11 sanctions.  "We review the decision to award sanctions for…
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Recent Posts

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

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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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