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

§ 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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Failure to Raise PSLRA Bar to RICO Action below Bars Consideration on Appeal — Not Purely Legal Question

Olivier Family Interests, Ltd. v. Wright, 2013 U.S. App. LEXIS 17833 (8th Cir. Aug. 27, 2013): In Appeal No. 12-2573, Michael Bogart and Doris Wright, as the personal representative of the estate of Russell Wright (who died during the pendency of this proceeding), appeal the judgment of the District Court awarding damages of $12,900,000 in accordance with ...
Olivier Family Interests, Ltd. v. Wright, 2013 U.S. App. LEXIS 17833 (8th Cir. Aug. 27, 2013): In Appeal No. 12-2573, Michael Bogart and Doris Wright, as the personal representative of the estate of Russell Wright (who died during the pendency…
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Recent Posts

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

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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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