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

Sanctions — Different Review Standards Applied by District and Appeals Courts to Magistrate Judge-Issued Sanctions — Inherent Power Sanctions Are Discretionary Even If Bad Faith Found — Importance of Deference When No Transcript Exists

Murray v. City of Columbus, 2013 U.S. App. LEXIS 17708 (6th Cir. Aug. 23, 2013): Murray was a police lieutenant for the City of Columbus. In September 2007, Mitchell Brown, Columbus's Director of Public Safety, filed a complaint with Murray's supervisor alleging that Murray improperly disclosed information from the Internal A ...
Murray v. City of Columbus, 2013 U.S. App. LEXIS 17708 (6th Cir. Aug. 23, 2013): Murray was a police lieutenant for the City of Columbus. In September 2007, Mitchell Brown, Columbus's Director of Public Safety, filed a complaint with Murray's…
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FAA — Where Stay of Arbitration Denied in Lawsuit Involving Not Only Parties to Foreign Arbitration But Also Additional Party, Stay of Discovery Appealable under § 16 — Mandatory Statutory Stay of “Trial” Includes Discovery

GEA Grp. AG v. Flex-N-Gate Corp., 2014 U.S. App. LEXIS 573 (7th Cir. Jan. 10, 2014): Before us is an appeal by GEA Group AG from an order by the district judge partially lifting a stay of discovery in a diversity suit brought by GEA against Flex-N-Gate Corporation and its CEO, board chairman, and controlling shareholder, the American ...
GEA Grp. AG v. Flex-N-Gate Corp., 2014 U.S. App. LEXIS 573 (7th Cir. Jan. 10, 2014): Before us is an appeal by GEA Group AG from an order by the district judge partially lifting a stay of discovery in a…
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Experts — “Self-Executing” Sanction of Exclusion for Failure to Supply Report Compliant with Rule 26(a)(2)(B) and Failure to Supplement Even When Undisclosed Methodology Was Attacked Pretrial

Rembrandt Vision Technologies, L.P. v. Johnson & Johnson Vision Care, Inc., 2013 U.S. App. LEXIS 16283 (Fed. Cir. Aug. 7, 2013): We agree with JJVC that the court correctly granted judgment as a matter of law. The district court did not abuse its discretion when it excluded Dr. Beebe's testimony under the Federal Rules of Civil P ...
Rembrandt Vision Technologies, L.P. v. Johnson & Johnson Vision Care, Inc., 2013 U.S. App. LEXIS 16283 (Fed. Cir. Aug. 7, 2013): We agree with JJVC that the court correctly granted judgment as a matter of law. The district court did…
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Comparative Fault as Viable Defense to Legal Malpractice Action

Hattem v. Smith, 2013 N.Y. App. Div. LEXIS 7750 (3d Dept. Nov. 21, 2013): In 2003, plaintiff retained defendant Robert J. Smith, an attorney with defendant Coughlin & Gerhart, LLP, to represent him in the sale of his business, JMF Associates, Inc., to O'Connor and Shew Construction, Inc. (hereinafter OSC). The sale docume ...
Hattem v. Smith, 2013 N.Y. App. Div. LEXIS 7750 (3d Dept. Nov. 21, 2013): In 2003, plaintiff retained defendant Robert J. Smith, an attorney with defendant Coughlin & Gerhart, LLP, to represent him in the sale of his business, JMF…
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Spoliation — Definition and Bad Faith Requirement in the Third Circuit

Peterson v. Att’y Gen. Penn., 2014 U.S. App. LEXIS 245 (3d Cir. Jan. 7, 2014): Anita Peterson ("Appellant" or "Plaintiff") brought an action against Pennsylvania state officials ("Appellees" or "Defendants") alleging violation of her constitutional rights. *** An investigation by the M ...
Peterson v. Att’y Gen. Penn., 2014 U.S. App. LEXIS 245 (3d Cir. Jan. 7, 2014): Anita Peterson ("Appellant" or "Plaintiff") brought an action against Pennsylvania state officials ("Appellees" or "Defendants") alleging violation of her constitutional rights. *** An investigation by…
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Sanctions — Circuit Split as to Whether § 1927 Requires Subjective, as Opposed to Objective, Bad Faith — Lack of Hearing OK Where Misconduct in Writing — No Notice That Counsel Was Target Harmless Where No Prejudice Shown on Appeal

Tate v. Ancell, 2014 U.S. App. LEXIS 963 (7th Cir. Jan. 17, 2014): Edgar Tate sued the state agency for which he works along with one of the agency's private contractors, asserting that they joined forces in a conspiracy (thus far unsuccessful) to oust him from his job after he supported a coworker's charge of sexua ...
Tate v. Ancell, 2014 U.S. App. LEXIS 963 (7th Cir. Jan. 17, 2014): Edgar Tate sued the state agency for which he works along with one of the agency's private contractors, asserting that they joined forces in a conspiracy (thus …
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International Service of Process — Compliance with Hague Service Convention Is Mandatory — Is Service by International Mail Sufficient? — Circuit Split

Ackourey v. Noblehouse Custom Tailors, 2013 U.S. Dist. LEXIS 163535 (E.D. Pa. Nov. 15, 2013): Plaintiff Richard J. Ackourey, Jr. resides in Bucks County, Pennsylvania. (Complaint, Doc. No. 1 at ¶ 3). His corporation, Graphic Styles/Styles International, LLC, is located in Southampton, Pennsylvania. Id. at ¶ 4. On April 29, 2013, Pl ...
Ackourey v. Noblehouse Custom Tailors, 2013 U.S. Dist. LEXIS 163535 (E.D. Pa. Nov. 15, 2013): Plaintiff Richard J. Ackourey, Jr. resides in Bucks County, Pennsylvania. (Complaint, Doc. No. 1 at ¶ 3). His corporation, Graphic Styles/Styles International, LLC, is located…
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Rule 37(c)(1) Sanctions — Damages Evidence Excluded for Failure to Include Computation in Either Initial Disclosures or Expert Report — No Excuse That Recalculation Would Have Been Necessary Once Dispute over Methodology Resolved

City of Rome v. Hotels.com, LP, 2013 U.S. App. LEXIS 24745 (11th Cir. Dec. 13, 2013): Plaintiff City of Rome, on behalf of the certified class of over 250 cities and counties throughout Georgia ("the Localities"), appeals both the district court's grant of summary judgment on its claims for back taxes allegedly ...
City of Rome v. Hotels.com, LP, 2013 U.S. App. LEXIS 24745 (11th Cir. Dec. 13, 2013): Plaintiff City of Rome, on behalf of the certified class of over 250 cities and counties throughout Georgia ("the Localities"), appeals both the district …
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Evidence — Admissibility Issues in Diversity Action Governed by Federal, Not State, Law “So Long As They Can Rationally Be Viewed As Procedural”

Mahmood v. Narciso, 2013 U.S. App. LEXIS 24945 (3d Cir. Dec. 17, 2013): Sania Mahmood ("Mahmood" or "Appellant") appeals the judgment of the District Court 1 entering a jury verdict and denying a motion for a new trial. *** On May 11, 2009, Mahmood filed a complaint in the Superior Court of New Jersey, nami ...
Mahmood v. Narciso, 2013 U.S. App. LEXIS 24945 (3d Cir. Dec. 17, 2013): Sania Mahmood ("Mahmood" or "Appellant") appeals the judgment of the District Court 1 entering a jury verdict and denying a motion for a new trial. *** On…
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Newspaper Articles as Hearsay — Website Evidence: Hearsay and Authentication

Southco, Inc. v. Fivetech Tech. Inc., 2013 U.S. Dist. LEXIS 161489 (E.D. Pa. Nov. 12, 2013): IV. Motion to Supplement Southco filed a Motion to Supplement the Record (Docket No. 231) with additional evidence allegedly showing that Fivetech sells captive screws with the Five Pentagon mark in the United States. ...
Southco, Inc. v. Fivetech Tech. Inc., 2013 U.S. Dist. LEXIS 161489 (E.D. Pa. Nov. 12, 2013): IV. Motion to Supplement Southco filed a Motion to Supplement the Record (Docket No. 231) with additional evidence allegedly showing that Fivetech sells captive…
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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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