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

Email Summarizing Conference Call with 3d Party = Business Record — Regional Disapproval of Local Project = Verbal Act and Is Admissible for Impact on Locality and under Residual Exception — Handwritten Notes of Call = Present Sense Impression

Orix Public Fin., LLC v. Lake Cnty., MN, 2013 U.S. Dist. LEXIS 171547 (D. Minn. Dec. 5, 2013): In 2009, Defendant Lake County, Minnesota ("Lake County" or "the County") learned that it was eligible to participate in a federal loan and grant program that provides funding for the construction of broadband cable serv ...
Orix Public Fin., LLC v. Lake Cnty., MN, 2013 U.S. Dist. LEXIS 171547 (D. Minn. Dec. 5, 2013): In 2009, Defendant Lake County, Minnesota ("Lake County" or "the County") learned that it was eligible to participate in a federal loan…
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Motion for Leave to Amend Complaint after Adverse Judgment Not Decided under Liberal Standards of Rule 15 But Stricter Requirements of Rule 59 or 60

C & L Ward Bros. Co. v. Outsource Solutions, Inc., 2013 U.S. App. LEXIS 24468 (6th Cir. Dec. 3, 2013): I. MOTION FOR LEAVE TO AMEND THE COMPLAINT Ward claims that the district court should have granted its motion to amend the complaint brought in its Motion for Post-Judgment Relief, due to the liberal standar ...
C & L Ward Bros. Co. v. Outsource Solutions, Inc., 2013 U.S. App. LEXIS 24468 (6th Cir. Dec. 3, 2013): I. MOTION FOR LEAVE TO AMEND THE COMPLAINT Ward claims that the district court should have granted its motion to…
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Spoliation — Destruction of One of Many Identical, Allegedly Infringing Machines after Adverse Party Has Examined It Causes No Prejudice and Does Not Constitute Actionable Spoliation

Vistan Corp. v. Fadei USA, Inc., 2013 U.S. App. LEXIS 24005 (Fed. Cir. Dec. 3, 2013): Appellant Vistan Corporation is the owner U.S. Patent No. 5,870,949 ("the '949 patent"), which is directed to an apparatus for pitting soft fruit, such as prunes and dates. Claims 5 and 12, the claims at issue in this case, recite a ...
Vistan Corp. v. Fadei USA, Inc., 2013 U.S. App. LEXIS 24005 (Fed. Cir. Dec. 3, 2013): Appellant Vistan Corporation is the owner U.S. Patent No. 5,870,949 ("the '949 patent"), which is directed to an apparatus for pitting soft fruit, such…
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Disqualification — Court Must Rule on DQ Motion before Dispositive Motion — Partner’s Gender Discrimination Claim against Partnership Is “Substantially Related” to Past Representation of Partner in Attempting to Set Up Separate Practice

Bowers v. Ophthalmology Grp., 733 F.3d 647 (6th Cir. 2013): Bowers joined The Ophthalmology Group as an employee in 1999. In 2002, she became one of six partners of The Ophthalmology Group after buying into the partnership and signing a partnership agreement. On November 9, 2009, Bowers tendered a resignation letter to her partners ...
Bowers v. Ophthalmology Grp., 733 F.3d 647 (6th Cir. 2013): Bowers joined The Ophthalmology Group as an employee in 1999. In 2002, she became one of six partners of The Ophthalmology Group after buying into the partnership and signing a…
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Duty of Lower Courts to “Follow Both the Words and the Music of Supreme Court Opinions” — Good Quote

  United States v. Martinez-Cruz, 2013 U.S. App. LEXIS 24084 (D.C. Cir. Dec. 3, 2013) (Kavanaugh, Circuit Judge, dissenting): As a lower court in a system of absolute vertical stare decisis headed by one Supreme Court, it is essential that we follow both the words and the music of Supreme C ...
United States v. Martinez-Cruz, 2013 U.S. App. LEXIS 24084 (D.C. Cir. Dec. 3, 2013) (Kavanaugh, Circuit Judge, dissenting): As a lower court in a system of absolute vertical stare decisis headed by one Supreme Court, it is essential that we …
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Forum Non Conveniens — Less Deference Due a Foreign, as Opposed to a Domestic, Plaintiff’s Choice of Forum — Even If US Has an “Equal Access” Treaty with the Foreigner’s Country

Kisano Trade & Invest Ltd. v. Lemster, 2013 U.S. App. LEXIS 24697 (3d Cir. Dec. 12, 2013): We first consider whether the District Court abused its discretion in affording plaintiffs' choice of forum a lesser degree of deference than would be accorded a domestic plaintiff. "Ordinarily, a strong presumption of conveni ...
Kisano Trade & Invest Ltd. v. Lemster, 2013 U.S. App. LEXIS 24697 (3d Cir. Dec. 12, 2013): We first consider whether the District Court abused its discretion in affording plaintiffs' choice of forum a lesser degree of deference than would…
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Removal — Must Every Defendant Sign a Notice of Removal or Is One Signature Plus a Certification That All Others Consent Sufficient? Circuit Split

Ettlin v. Harris, 2013 U.S. Dist. LEXIS 170526 (C.D. Cal. Nov. 22, 2013): In a case involving multiple defendants, "[a]ll defendants must join in a removal petition." Hewitt v. City of Stanton, 798 F.2d 1230, 1232 (9th Cir. 1986). Although circuits are split as to what form a co-defendant's joinder in removal ...
Ettlin v. Harris, 2013 U.S. Dist. LEXIS 170526 (C.D. Cal. Nov. 22, 2013): In a case involving multiple defendants, "[a]ll defendants must join in a removal petition." Hewitt v. City of Stanton, 798 F.2d 1230, 1232 (9th Cir. 1986). Although …
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While Law of the Case Can Be Waived, the Mandate Rule — Requiring District Judge to Act in Accordance with Court of Appeals’ Mandate — Is Jurisdictional and Not Waivable — Circuit Split

  Rocho v. Life Ins. Co. of N. Am., 2013 U.S. App. LEXIS 24271 (6th Cir. Dec. 6, 2013): Next, LINA argues that once the previous panel of this Court affirmed the district court's judgment and issued its mandate, the subsequent district court proceedings violated the law of the case doctrine. Specifically, LINA invokes two ...
Rocho v. Life Ins. Co. of N. Am., 2013 U.S. App. LEXIS 24271 (6th Cir. Dec. 6, 2013): Next, LINA argues that once the previous panel of this Court affirmed the district court's judgment and issued its mandate, the subsequent…
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Legal Malpractice — New York’s 3-Year Statute of Limitations Accrues upon Injury, Not Discovery — Continuous Representation Exception Unsatisfied Where 4-Year Gap between Advice and Engagement to Defend IRS Attack on It

Landow v. Snow Becker Krauss, PC, 2013 N.Y. App. Div. LEXIS 7654 (2d Dept. Nov. 20, 2013): On March 5, 2003, the defendants, Richard Reichler, Snow Becker Krauss, P.C., and Meltzer, Lippe, Goldstein, and Breitsone, LLP, allegedly advised the plaintiff in an opinion letter that his proposed sale of certain property would not result in ...
Landow v. Snow Becker Krauss, PC, 2013 N.Y. App. Div. LEXIS 7654 (2d Dept. Nov. 20, 2013): On March 5, 2003, the defendants, Richard Reichler, Snow Becker Krauss, P.C., and Meltzer, Lippe, Goldstein, and Breitsone, LLP, allegedly advised the plaintiff…
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Experts — Improper Supplementation under Rule 26(e) — Factors for Assessing Whether Rule 16(f) Sanctions Should Issue — Harmless Error / Substantial Justification under Rule 37(c)(1) — Factors — Good Quote (Loophole)

Burger v. Excel Contractors, 2013 U.S. Dist. LEXIS 153535 (D. Nev. Oct. 25, 2013): Plaintiff alleges he is entitled to damages for injuries sustained as the result of an automobile collision. *** Defendants' request an order striking the March 19, 2013 supplemental expert report (attached as exhibit B to Defs' motion ( ...
Burger v. Excel Contractors, 2013 U.S. Dist. LEXIS 153535 (D. Nev. Oct. 25, 2013): Plaintiff alleges he is entitled to damages for injuries sustained as the result of an automobile collision. *** Defendants' request an order striking the March 19,…
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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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