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

Damages Expert May Rely on the Opinions of Other Experts to Form Independent Damages Conclusions (Good Quote)

Carnegie Mellon Univ. v. Marvell Tech. Group, Ltd.,  2013 U.S. Dist. LEXIS 135208 (W.D. Pa. Sept. 23, 2013): [T]he Court has already discussed the propriety of Ms. Lawton's price premium and excess profits analysis. [S]he based her reasonable royalty opinion on the opinion of Dr. Bajorek that the technology became " ...
Carnegie Mellon Univ. v. Marvell Tech. Group, Ltd.,  2013 U.S. Dist. LEXIS 135208 (W.D. Pa. Sept. 23, 2013): [T]he Court has already discussed the propriety of Ms. Lawton's price premium and excess profits analysis. [S]he based her reasonable royalty opinion …
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RICO—PSLRA Bars Claim Based on Scheme to Lend Money for Purpose of Buying Securities—Selling Securities Was a Necessary Component of the Scheme and Integral to the Relationship between Plaintiffs and Defendants—In Connection With Factors

Calderón Serra v. Banco Santander P.R., 2014 U.S. App. LEXIS 5554 (1st Cir. Mar. 26, 2014): Plaintiffs press a RICO claim against their bank and others over what they claim was an unlawful scheme to lend plaintiffs money in violation of federal margin requirements limiting the extent to which securities can be used as collate ...
Calderón Serra v. Banco Santander P.R., 2014 U.S. App. LEXIS 5554 (1st Cir. Mar. 26, 2014): Plaintiffs press a RICO claim against their bank and others over what they claim was an unlawful scheme to lend plaintiffs money in violation …
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Spoliation — Not Error to Decline Spoliation Instruction and Instead Permit Aggrieved Party to Argue That Missing Records Would Have Been Favorable — Violation of Regulation, As Opposed to Statute, ≠ Negligence Per Se

Mann v. Redman Van & Storage Co., Inc., 2013 U.S. App. LEXIS 21047 (9th Cir. Oct. 17, 2013): The Manns, Plaintiffs-Appellants, appeal from a district court's denial of their Rule 59 motion for a new trial following a jury verdict in Defendant-Appellee Redman's favor. The Manns and defendant Redman's employee, Anderson, we ...
Mann v. Redman Van & Storage Co., Inc., 2013 U.S. App. LEXIS 21047 (9th Cir. Oct. 17, 2013): The Manns, Plaintiffs-Appellants, appeal from a district court's denial of their Rule 59 motion for a new trial following a jury verdict…
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28 USC § 1782 — The Lingering Uncertainty as to Whether International Arbitration Constitutes a Foreign or International Tribunal under the Statute

GEA Group AG v. Flex-N-Gate Corp., 740 F.3d 411, 419 (7th Cir. 2014): GEA must have known that Flex-N-Gate could have asked the district judge to provide evidence to "a foreign or international tribunal," as district judges are authorized to do by 28 U.S.C. § 1782.... The German panel conducting the arbitration bet ...
GEA Group AG v. Flex-N-Gate Corp., 740 F.3d 411, 419 (7th Cir. 2014): GEA must have known that Flex-N-Gate could have asked the district judge to provide evidence to "a foreign or international tribunal," as district judges are authorized to…
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Sanctions — No Need for Evidentiary Hearing to Satisfy Due Process Where Complainant Cannot Identify Any Evidence It Would Have Presented — Post-Dismissal Jurisdiction to Impose Inherent Power Sanctions

Haviland v. Specter, 2014 U.S. App. LEXIS 5238 (3d. Cir. Mar. 20, 2014): Neil Sedaka's observation that "Breaking Up Is Hard to Do" rings true whether the separation relates to lovers or lawyers. This case concerns the latter. Appellant Donald Haviland is a lawyer formerly employed by Kline & Specter, P.C. ...
Haviland v. Specter, 2014 U.S. App. LEXIS 5238 (3d. Cir. Mar. 20, 2014): Neil Sedaka's observation that "Breaking Up Is Hard to Do" rings true whether the separation relates to lovers or lawyers. This case concerns the latter. Appellant Donald…
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Juror’s Facebook Email to Witness during Trial Requires Remand — Repeated, Broad Social Media Instructions Needed Multiple Times in all Trials — Good Quotes on Social Media and Jury Trials

  State v. Smith, 418 S.W.3d 38 (Tenn. Sup. Ct. 2013): This appeal concerns the appropriate response when a trial court learns during a jury's deliberations that a juror exchanged Facebook messages with one of the State's witnesses during the trial. A criminal court in Davidson County declined the defe ...
State v. Smith, 418 S.W.3d 38 (Tenn. Sup. Ct. 2013): This appeal concerns the appropriate response when a trial court learns during a jury's deliberations that a juror exchanged Facebook messages with one of the State's witnesses during the trial…
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28 U.S.C. § 1782 — No Abuse of Discretion to Deny Discovery That Foreign Tribunal Has Previously Ruled Irrelevant — § 1782 Orders Are Final and Immediately Appealable under § 1291

Astonics Advanced Elec. Sys. Corp. v. Lufthansa Technik AG, 2014 U.S. App. LEXIS 4322 (9th Cir. Mar. 7, 2014): Astronics Advanced Electronic Systems Corporation (AES) filed a petition under 28 U.S.C. § 1782 in the Western  [*2] District of Washington seeking discovery from Lufthansa Technik AG (Lufthansa) for use in ...
Astonics Advanced Elec. Sys. Corp. v. Lufthansa Technik AG, 2014 U.S. App. LEXIS 4322 (9th Cir. Mar. 7, 2014): Astronics Advanced Electronic Systems Corporation (AES) filed a petition under 28 U.S.C. § 1782 in the Western  [*2] District of Washington…
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Does a Putative Class Plaintiff Have Standing to Sue on Behalf of Consumers Who Purchased Similar But Not Identical Products? Circuit Split

Vasic v. Patent health, LLC, 2014 U.S. Dist. LEXIS 33181 (S.D. Ohio Mar. 10, 2014): First, Defendants contend Plaintiff does not have standing for any claims based on the Fast-Acting Trigosamine Product because Plaintiff never purchased this product. In response, Plaintiff argues that he can assert claims on behalf of the class based ...
Vasic v. Patent health, LLC, 2014 U.S. Dist. LEXIS 33181 (S.D. Ohio Mar. 10, 2014): First, Defendants contend Plaintiff does not have standing for any claims based on the Fast-Acting Trigosamine Product because Plaintiff never purchased this product. In response,…
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Rule 11 — Sua Sponte vs. Sanctions Sought by Motion — Different Standards in Second Circuit — Good Quotes

Muhammad v. Wal-Mart Stores East, LP, 2013 U.S. App. LEXIS 20589 (Aug. 19, 2013): Christina Agola is an attorney practicing primarily employment law in the Western District of New York. She has a long disciplinary history in the courts of this Circuit. See, e.g., In re Agola, 484 F. App'x 594 (2d Ci ...
Muhammad v. Wal-Mart Stores East, LP, 2013 U.S. App. LEXIS 20589 (Aug. 19, 2013): Christina Agola is an attorney practicing primarily employment law in the Western District of New York. She has a long disciplinary history in the courts of…
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Judicial Notice of Internet Evidence — Court May Take Judicial Notice of Public Records and Government Documents on Governmental Websites

Hadley v. Chrysler Grp. LLC, 2014 U.S. Dist. LEXIS 32547 (E.D. Mich. Mar. 13, 2014): New Chrysler did not manufacture the Class Vehicles, nor did it even exist when the vehicles were manufactured. Rather, New Chrylser was incorporated on April 28, 2009 (see ECF No. 11-2),2 in relation to the bankruptcy of the now d ...
Hadley v. Chrysler Grp. LLC, 2014 U.S. Dist. LEXIS 32547 (E.D. Mich. Mar. 13, 2014): New Chrysler did not manufacture the Class Vehicles, nor did it even exist when the vehicles were manufactured. Rather, New Chrylser was incorporated on April…
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Recent Posts

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

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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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