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

Experts — Failure to Make 26(a)(2)(C) Expert Disclosure for Treating Physician (and, Presumably, Anybody Else) Limits Testimony to That of a Fact Witness

Vandivier v. United States, 2013 U.S. Dist. LEXIS 163295 (S.D. Ind. Nov. 16, 2013): A treating physician may be called upon to provide expert testimony if he or she is providing opinions based upon specialized knowledge, even if those opinions were formed during the course of the plaintiff's treatment. See O'Conner v. Commonw ...
Vandivier v. United States, 2013 U.S. Dist. LEXIS 163295 (S.D. Ind. Nov. 16, 2013): A treating physician may be called upon to provide expert testimony if he or she is providing opinions based upon specialized knowledge, even if those opinions…
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A Judgment Registered in Federal Court under 28 U.S.C. § 1963 Doesn’t Create a New Judgment That Can Be Re-Registered in a Second Federal Court Where It Had Once Been Registered But Has Expired

Fidelity Nat’l Fin., Inc. v. Friedman, 939 F. Supp. 2d 974 (D. Ariz. 2013): This dispute, now in its second decade, pertains to the latest attempt by plaintiffs, Fidelity National Financial, Inc. and Fidelity Express Network, Inc. ("Fidelity"), to enforce a judgment. Fidelity obtained that judgment which, with interest, n ...
Fidelity Nat’l Fin., Inc. v. Friedman, 939 F. Supp. 2d 974 (D. Ariz. 2013): This dispute, now in its second decade, pertains to the latest attempt by plaintiffs, Fidelity National Financial, Inc. and Fidelity Express Network, Inc. ("Fidelity"), to enforce…
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§ 1927 Sanctions Imposable Only on Lawyers, Not Law Firms — Failure to Identify Lawyer in Motion Fatal — Sixth Circuit 1927 Standards — Delay in Filing Motion Partially to Blame for Prolonging Case

Meathe v. Ret, 2013 U.S. Dist. LEXIS 166999 (E.D. Mich. Nov. 25, 2013): As to the substantive question of whether sanctions should be imposed under §1927, the Court must consider whether a lawyer knows or reasonably should have known that the claim being pursued is frivolous. The statute requires "a showing of somethin ...
Meathe v. Ret, 2013 U.S. Dist. LEXIS 166999 (E.D. Mich. Nov. 25, 2013): As to the substantive question of whether sanctions should be imposed under §1927, the Court must consider whether a lawyer knows or reasonably should have known that…
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A Brief History of Arbitration — 900 Years in a Few Paragraphs

Delaware Coalition for Open Gov’t, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013) (note:  this is the case holding that the public has a right of access under the First Amendment to Delaware’s state-sponsored arbitration program): 2. Arbitrations  Arbitrations also have a long history. Wr ...
Delaware Coalition for Open Gov’t, Inc. v. Strine, 733 F.3d 510 (3d Cir. 2013) (note:  this is the case holding that the public has a right of access under the First Amendment to Delaware’s state-sponsored arbitration program): 2. Arbitrations  Arbitrations…
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Issues That Could Have Been, But Were Not, Raised on First Appeal Are Barred on Subsequent Appeal

Maheca Trans. Co. v. Phila. Indem. Co., 2013 U.S. App. LEXIS 23396 (8th Cir. Nov. 21, 2013): For over one hundred years, our court has repeatedly barred parties from litigating issues in a second appeal following remand that could have been presented in the first appeal. See Clark v. Brown, 119 F. 130, 132 (8th Cir. ...
Maheca Trans. Co. v. Phila. Indem. Co., 2013 U.S. App. LEXIS 23396 (8th Cir. Nov. 21, 2013): For over one hundred years, our court has repeatedly barred parties from litigating issues in a second appeal following remand that could have …
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Posner, J.: “The Legal Profession Must Get over Its Fear and Loathing Of Science” — Good Quotes

Jackson v. Pollion, 2013 U.S. App. LEXIS 21983 (7th Cir. Oct. 28, 2013): The plaintiff, an inmate of an Illinois prison, has sued, under 42 U.S.C. § 1983--the ubiquitous federal constitutional tort statute--a nurse practitioner and a correctional counselor both of whom work at the prison. He accuses them of having been deliberately ...
Jackson v. Pollion, 2013 U.S. App. LEXIS 21983 (7th Cir. Oct. 28, 2013): The plaintiff, an inmate of an Illinois prison, has sued, under 42 U.S.C. § 1983–the ubiquitous federal constitutional tort statute–a nurse practitioner and a correctional counselor both…
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Vexatious Litigants — Inherent Power Sanctions — Filing Restrictions on Future Appeals

Landrith v. Schmidt, 732 F.3d 1171 (10th Cir. 2013): Simply put, Landrith has strained this court's resources with his frivolous and abusive pro se filings, which have only increased as of late. His 2011 mandamus petition and the four appeals he filed in 2012 and 2013 presented arguments with fundamental legal flaws, and none wer ...
Landrith v. Schmidt, 732 F.3d 1171 (10th Cir. 2013): Simply put, Landrith has strained this court's resources with his frivolous and abusive pro se filings, which have only increased as of late. His 2011 mandamus petition and the four appeals…
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Arbitration Clause Guaranteeing One Party (Here, Employer) Right to Choose Arbitrator and Imposing Impracticably High Administrative Fees on Claimant Void as Unconscionable — Other Flaws, Too — State Law Not Preempted by FAA

Chavarria vv. Ralphs Grocery Co., 2013 U.S. App. LEXIS 21959 (9th Cir. Oct. 28, 2013): By completing an employment application with Ralphs, all potential employees agree to be bound by Ralphs' arbitration policy. The application contains an acknowledgment that the terms of the mandatory and binding arbitration policy have been ...
Chavarria vv. Ralphs Grocery Co., 2013 U.S. App. LEXIS 21959 (9th Cir. Oct. 28, 2013): By completing an employment application with Ralphs, all potential employees agree to be bound by Ralphs' arbitration policy. The application contains an acknowledgment that the…
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§ 1782 Discovery — Courts Guided by the Standards of Rule 26 — Factors for Determining Whether There Is Good Cause to Allow Early Discovery to Determine the Identity of an Unknown Person

In re Ex Parte Application of Bertina Jommi, Petitioner, For an Order Pursuant to 28 U.S.C. § 1782, 2013 U.S. Dist. LEXIS 163201 (N.D. Cal. Nov. 15, 2013): Petitioner Bertina Jommi filed an Ex Parte Application For an Order Pursuant to 28 U.S.C § 1782 Granting Leave to Obtain Discovery for Use in Foreign Proceedings. (Dkt. 1.) Peti ...
In re Ex Parte Application of Bertina Jommi, Petitioner, For an Order Pursuant to 28 U.S.C. § 1782, 2013 U.S. Dist. LEXIS 163201 (N.D. Cal. Nov. 15, 2013): Petitioner Bertina Jommi filed an Ex Parte Application For an Order Pursuant…
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Securities — Supreme Court to Revisit Fraud on the Market and Consider Whether Defendant May Rebut Presumption of Reliance at Class Certification by Showing That the Alleged Misrepresentation Did Not Distort the Stock Price

Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. Nov. 15, 2013) (available at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-317.htm), granting certiorari: QUESTIONS PRESENTED: 1. Whether this Court should o ...
Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (U.S. Nov. 15, 2013) (available at http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-317.htm), granting certiorari: QUESTIONS PRESENTED: 1. Whether this Court should overrule or substantially modify the holding of Basic Inc. v. Levinson, 485 U.S.…
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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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