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

Third Circuit Rejects Non-Precedential Opinion Triggering Rule 11 Safe Harbor Period via Letter — Post-Motion Conduct Not Sanctionable Due to Lack of Notice

In re Miller (Ettinger & Assocs. LLC v. Miller), 2013 U.S. App. LEXIS 19090 (3d Cir. Sept. 16, 2013): 1. Initial Motion for Sanctions On January 31, 2011, the Millers filed and served on Ettinger and Tsarouhis a Rule 9011 Motion for Sanctions ("Initial Motion"). It asserted that Ettinger's compla ...
In re Miller (Ettinger & Assocs. LLC v. Miller), 2013 U.S. App. LEXIS 19090 (3d Cir. Sept. 16, 2013): 1. Initial Motion for Sanctions On January 31, 2011, the Millers filed and served on Ettinger and Tsarouhis a Rule 9011…
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§ 1927 Sanctions — Meaning of “Unreasonably and Vexatiously” — “A case may be weak, but as long as it is not without circumstantial foundation, it is not frivolous” (Good Quote)

§ 1927 Sanctions — Meaning of “Unreasonably and Vexatiously” —  "A case may be weak, but as long as it is not without circumstantial foundation, it is not frivolous" (Good Quote) Barnhart v. Lamar Advertising Co., 2013 U.S. App. LEXIS 14174 911th Cir. July 15, 2013): Section 1927 provides, in relevant part, ...
§ 1927 Sanctions — Meaning of “Unreasonably and Vexatiously” —  "A case may be weak, but as long as it is not without circumstantial foundation, it is not frivolous" (Good Quote) Barnhart v. Lamar Advertising Co., 2013 U.S. App. LEXIS…
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Forum Selection Clauses — Is a Rule 12(b)(3) Dismissal Available to Parties Seeking to Enforce Forum Selection Clauses Even When a § 1404(a) Transfer Is Possible? Circuit Split — Cert Granted to Resolve

LeBlanc v. C.R. England, Inc., 2013 U.S. Dist. LEXIS 121031 (N.D. Tex. Aug. 13, 2013): A. Forum Selection Clauses 1. From Historical Disfavor to Presumptive Validity after Bremen   Forum selection clauses were historically viewed with disfavor by American courts as attempts to ...
LeBlanc v. C.R. England, Inc., 2013 U.S. Dist. LEXIS 121031 (N.D. Tex. Aug. 13, 2013): A. Forum Selection Clauses 1. From Historical Disfavor to Presumptive Validity after Bremen   Forum selection clauses were historically viewed with disfavor by American courts as…
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Dismissal for Failure to Prosecute — Factors — 5½ Months Too Short — Standard Order’s Boilerplate Warning of Sanctions Does Not Provide Sufficient Warning of Dismissal

Carpenter v. City of Flint, 2013 U.S. App. LEXIS 15102 (6th Cir. July 25, 2013): Under this court's precedent, we consider four factors when determining whether dismissal for failure to prosecute was within the district court's discretion: (1) whether the party's failure is due to willfulness, ...
Carpenter v. City of Flint, 2013 U.S. App. LEXIS 15102 (6th Cir. July 25, 2013): Under this court's precedent, we consider four factors when determining whether dismissal for failure to prosecute was within the district court's discretion: (1) whether the …
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RICO Damages: Out-of-Pocket Loss vs. Benefit of Bargain — Uniform Misrepresentation & Contract Breach as Bases for Class Certification — Payment as Proof of Reliance — Daubert & Multiple States’ Laws on Class Cert

In re US Foodservice Inc. Pricing Litig., 2013 U.S. App. LEXIS 18141 (2d Cir. Aug. 30, 2013): This case concerns allegations of fraudulent overbilling by U.S. Foodservice, Inc. ("USF"), the country's second largest food distributor whose customers have included the United States government, as well as hospitals, schools ...
In re US Foodservice Inc. Pricing Litig., 2013 U.S. App. LEXIS 18141 (2d Cir. Aug. 30, 2013): This case concerns allegations of fraudulent overbilling by U.S. Foodservice, Inc. ("USF"), the country's second largest food distributor whose customers have included the…
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New Article: Major Changes in Federal Subpoena Practice

Download associated file: Major Changes in Federal Subpoena Practice.pdf  A new article analyzing major amendments to Federal Rule of Civil Procedure 45 governing civil subpoena practice go into effect December 1, 2013, barring intervening Congressional action, has be ...
Download associated file: Major Changes in Federal Subpoena Practice.pdf  A new article analyzing major amendments to Federal Rule of Civil Procedure 45 governing civil subpoena practice go into effect December 1, 2013, barring intervening Congressional action, has been posted…
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Odyssey Marine Exploration

Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel, 2013 U.S. Dist. LEXIS 137633 (M.D. Fla. Sept. 25, 2013):  This action between Odyssey Marine Exploration and the Kingdom of Spain adjudicates the right to possession and ownership of more than $600,000,000.00 in silver specie.  This action presented from the outset not merely the dicey ...
Odyssey Marine Exploration, Inc. v. Unidentified Shipwrecked Vessel, 2013 U.S. Dist. LEXIS 137633 (M.D. Fla. Sept. 25, 2013):  This action between Odyssey Marine Exploration and the Kingdom of Spain adjudicates the right to possession and ownership of more than $600,000,000.00…
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Discovery Sanctions — Default Judgment — Standards — Fugitive Disentitlement Doctrine vs. Rule 37

SEC v. Razmilovic, 2013 U.S. App. LEXIS 14765 (2d Cir. July 22, 2013): A. The Entry of Default Rule 37 of the Federal Rules of Civil Procedure provides in part that if a party "fails to obey an order to provide . . . discovery, . . . the court where the action is pending may issue further just orders,&qu ...
SEC v. Razmilovic, 2013 U.S. App. LEXIS 14765 (2d Cir. July 22, 2013): A. The Entry of Default Rule 37 of the Federal Rules of Civil Procedure provides in part that if a party "fails to obey an order to…
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Even After 2011 Federal Courts Jurisdiction & Venue Clarification Act, Earlier-Served Defendants Must Consent to Removal within 30-Day Period within Which Later-Served Defendant Must File Notice of Removal

Chakra 5, Inc. v. City of Miami Beach, 2013 U.S. Dist. LEXIS 128692 (S.D. Fla. July 30, 2013): Defendants seeking removal to federal court under 28 U.S.C. section 1441 must do so according to the procedures in 28 U.S.C. section 1446. Prior to the Federal Courts Jurisdiction and Venue Clarification Act of 2011, Pub. L. No. 112-63, 125 Stat. 758 (codified i ...
Chakra 5, Inc. v. City of Miami Beach, 2013 U.S. Dist. LEXIS 128692 (S.D. Fla. July 30, 2013): Defendants seeking removal to federal court under 28 U.S.C. section 1441 must do so according to the procedures in 28 U.S.C. section…
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London Merger

Download associated file: London Merger.pdf  Effective today, Gregory P. Joseph Law Offices LLC is merged with Hage Aaronson Limited of London to form Joseph Hage Aaronson Limited.  A copy of the announcement is attached.  C ...
Download associated file: London Merger.pdf  Effective today, Gregory P. Joseph Law Offices LLC is merged with Hage Aaronson Limited of London to form Joseph Hage Aaronson Limited.  A copy of the announcement is attached.  Current email addresses will automatically…
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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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