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

§ 1983 Conspiracy Claims — Does the Intracorporate Conspiracy Doctrine Apply? — Personal Bias Exception

Drager v. Village of Bellwood, 2013 U.S. Dist. LEXIS 119557 (N.D. Ill. Aug. 22, 2013): Defendants next argue that Plaintiff's conspiracy claim is barred under the "intra-corporate" conspiracy doctrine, which holds that a conspiracy cannot exist solely between members of the same entity. Mnyofu v. Bd. of Educ. of Rich Twp. High Sch. Dis ...
Drager v. Village of Bellwood, 2013 U.S. Dist. LEXIS 119557 (N.D. Ill. Aug. 22, 2013): Defendants next argue that Plaintiff’s conspiracy claim is barred under the “intra-corporate” conspiracy doctrine, which holds that a conspiracy cannot exist solely between members of…
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What Is “Extraneous Evidence” within Rule 606(b), That a Juror May Attest to, to Impeach a Verdict? — May Juror Testimony about Dishonesty during Voir Dire Be Used to Impeach a Verdict? Circuit Split

Warger v. Shauers, 721 F.3d 606 (8th Cir. 2013): Gregory Warger sued Randy Shauers to recover for injuries he sustained during a traffic accident. After a mistrial, the jury returned a verdict for Shauers. Warger subsequently moved for judgment as a matter of law, or, in the alternative, for a new trial. The district court denied his m ...
Warger v. Shauers, 721 F.3d 606 (8th Cir. 2013): Gregory Warger sued Randy Shauers to recover for injuries he sustained during a traffic accident. After a mistrial, the jury returned a verdict for Shauers. Warger subsequently moved for judgment as…
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Puffery in Settlement Negotiations — Statements Regarding Damages Made in the Context of Settlement May Not Reliably Be Treated as Accurate Factual Representations (Good Quotes)

Richmond v. Gen. Nutrition Centers, Inc., No. 08 Civ. 3577 (PAE)(HBP), 2012 WL 762307 (S.D.N.Y. Mar. 9, 2012): [T]he context of a settlement discussion, by its nature, is not one in which counsel's oral statement or demand may reliably be treated as an accurate factual representation. A settlement discussion is a negotiation, and a ...
Richmond v. Gen. Nutrition Centers, Inc., No. 08 Civ. 3577 (PAE)(HBP), 2012 WL 762307 (S.D.N.Y. Mar. 9, 2012): [T]he context of a settlement discussion, by its nature, is not one in which counsel’s oral statement or demand may reliably be…
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Sovereign Immunity Bars an Inherent Power Monetary Sanction Against the Government — Lingering Question Whether Inherent Power Sanctions May Be Imposed in Criminal Cases

United States v. Droganes, 2013 U.S. App. LEXIS 17819 (6th Cir. Aug. 27, 2013): This case arises from a longstanding dispute between Sam Droganes and the United States Government. Droganes is a fireworks dealer in northern Kentucky. In 2007, agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) raided his business on ...
United States v. Droganes, 2013 U.S. App. LEXIS 17819 (6th Cir. Aug. 27, 2013): This case arises from a longstanding dispute between Sam Droganes and the United States Government. Droganes is a fireworks dealer in northern Kentucky. In 2007, agents…
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Spoliation — Attorneys’ Fees But No Adverse Inference Where Conduct Not Outrageous — Store Failed to Show Cameras Were Not Trained on Accident Spot — Summary Judgment Granted to Spoliator

Matteo v. Kohl’s Dep’t Stores, Inc., 2013 U.S. App. LEXIS 14094 (2d Cir. July 12, 2013): Zora Matteo appeals from the district court's March 6, 2012 order awarding summary judgment to defendants Kohl's Department Stores, Inc. and Kohl's Illinois, Inc. (collectively, "Kohl's"), and denying her request for an adverse inference instruc ...
Matteo v. Kohl’s Dep’t Stores, Inc., 2013 U.S. App. LEXIS 14094 (2d Cir. July 12, 2013): Zora Matteo appeals from the district court’s March 6, 2012 order awarding summary judgment to defendants Kohl’s Department Stores, Inc. and Kohl’s Illinois, Inc.…
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Fraudulent Joinder Requires More Than Mere Failure to State a Claim — Clear Legal Bar Needed — Dismissal Should Be Without Prejudice — Requirements for Case-Ending Sanctions (Third Circuit)

Hogan v. Raymond Corp., 2013 U.S. App. LEXIS 17282 (3d Cir. Aug. 20, 2013): We begin with this issue because it implicates the District Court's jurisdiction. See Boyer v. Snap-On Tools Corp., 913 F.2d 108, 110 (3d Cir. 1990). The fraudulent joinder doctrine permits courts to ignore the citizenship of a non-diverse defendant for diversit ...
Hogan v. Raymond Corp., 2013 U.S. App. LEXIS 17282 (3d Cir. Aug. 20, 2013): We begin with this issue because it implicates the District Court’s jurisdiction. See Boyer v. Snap-On Tools Corp., 913 F.2d 108, 110 (3d Cir. 1990). The…
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Erie Doctrine — In Predicting How a State Supreme Court Would Interpret a State Statute, Federal Court Is Bound by State Rules of Statutory Construction and Considers State Supreme Court’s “Considered Dicta”

JPMorgan Chase Bank, N.A. v. Peeks, 719 F.3d 1010 8th Cir. 2013): In these consolidated cases, we consider whether a national banking association chartered by the Office of the Comptroller of the Currency but not registered to do business with the Arkansas Secretary of State or the Arkansas Bank Department may use the non-judicial forec ...
JPMorgan Chase Bank, N.A. v. Peeks, 719 F.3d 1010 8th Cir. 2013): In these consolidated cases, we consider whether a national banking association chartered by the Office of the Comptroller of the Currency but not registered to do business with…
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RICO Claim Based on Underpayment of Wages Cannot Be Predicated on Pay Stubs That Reveal, Not Promote, the Fraud — Error to Prevent Motion to Amend by Immediate Entry of Judgment on Dismissal of Complaint

Nakahata v. N.Y. -Presbyterian Healthcare Sys., Inc., Nos. 11-0734, 11-0710, 11-0713, 11-0728 (2d Cir. July 11, 2013): ***Plaintiffs -- current and former healthcare employees -- allege that the Defendants -- healthcare systems, hospitals, corporate heads, and affiliated entities -- violated the Fair Labor Standards Act ("FLSA"), New Yo ...
Nakahata v. N.Y. -Presbyterian Healthcare Sys., Inc., Nos. 11-0734, 11-0710, 11-0713, 11-0728 (2d Cir. July 11, 2013): ***Plaintiffs — current and former healthcare employees — allege that the Defendants — healthcare systems, hospitals, corporate heads, and affiliated entities — violated…
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Sanctions: “There Is a Significant Difference between Making a Weak Argument with Little Chance of Success and Making a Frivolous Argument with No Chance of Success”—Good Quote—Argument Not Sanctioned Below Sanctioned on Appeal

Cooney v. Casady, 2013 U.S. App. LEXIS 17255 (7th Cir. Aug. 19, 2013): This case arises out of Deborah O. Cooney's administrative appeal of the Illinois Department of Children and Family Services' (DCFS) indicated finding against her of mental injury and substantial risk of harm to her children. Cooney claims that Rhonda Casady and Andr ...
Cooney v. Casady, 2013 U.S. App. LEXIS 17255 (7th Cir. Aug. 19, 2013): This case arises out of Deborah O. Cooney’s administrative appeal of the Illinois Department of Children and Family Services’ (DCFS) indicated finding against her of mental injury…
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Collateral Order Doctrine — Elements — Pendent Appellate Jurisdiction — “Inextricably Intertwined” Requirement — Implied Waiver and Arbitral Award Exceptions of the FSIA

Blue Ridge Inv., LLC v. Republic of Argentina, 2013 U.S. App. LEXIS 17160 (2d Cir. Aug. 19, 2013): This appeal arises from an order of the United States District Court for the Southern District of New York (Paul G. Gardephe, Judge) that denied a motion to dismiss filed by respondent-appellant the Republic of Argentina ("Argentina"). In ...
Blue Ridge Inv., LLC v. Republic of Argentina, 2013 U.S. App. LEXIS 17160 (2d Cir. Aug. 19, 2013): This appeal arises from an order of the United States District Court for the Southern District of New York (Paul G. Gardephe,…
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Recent Posts

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

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

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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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