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

RICO Causation: Regression Analysis Aggregate Evidence Satisfies Daubert — Shifting Burden of Proof on Causation — More Relaxed Burden of Proof of Proof on Damages — Good Quotes

In re Neurontin Marketing And Sales Practices Litigation (Kaiser Found. Health Plan, Inc. v. Pfizer, Inc.), 2013 U.S. App. LEXIS 6793 (1st Cir. April 3, 2013): This is an appeal from verdicts of over $140 million, reached by both a jury and a court, compensating Kaiser, a major health plan provider and insurer, for the injury Kaiser ...
In re Neurontin Marketing And Sales Practices Litigation (Kaiser Found. Health Plan, Inc. v. Pfizer, Inc.), 2013 U.S. App. LEXIS 6793 (1st Cir. April 3, 2013): This is an appeal from verdicts of over $140 million, reached by both a…
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In Pari Delicto as a Defense to a Private Antitrust Action

Gatt Commc’ns, Inc. v. PMC Associates, LLC, 2013 U.S. App. LEXIS 3186 (2d Cir. Feb. 14, 2013): 3. In pari delicto Defendants, and our concurring colleague, have argued that we should deploy the equitable doctrine of in pari delicto ("in equal fault") to erect a complete and simple bar to Gatt's claims, and there is so ...
Gatt Commc’ns, Inc. v. PMC Associates, LLC, 2013 U.S. App. LEXIS 3186 (2d Cir. Feb. 14, 2013): 3. In pari delicto Defendants, and our concurring colleague, have argued that we should deploy the equitable doctrine of in pari delicto (“in…
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Recidivism and Fraudulent Joinder as Factors in Deciding Whether Sanctions Are Appropriate

Dunbar v. Wells Fargo Bank, N.A., 2013 U.S. App. LEXIS 5080 (8th Cir. Mar. 14, 2013): The Wells Fargo parties filed a motion for sanctions under Rule 11 and 28 U.S.C. § 1927, as well as under the district court's inherent authority to sanction attorneys for acting in bad faith or abusing the judicial process. The district court awarded ...
Dunbar v. Wells Fargo Bank, N.A., 2013 U.S. App. LEXIS 5080 (8th Cir. Mar. 14, 2013): The Wells Fargo parties filed a motion for sanctions under Rule 11 and 28 U.S.C. § 1927, as well as under the district court’s…
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Rooker-Feldman Doctrine Is Jurisdictional and Must Be Considered before Addressing Merits

Cook v. Baca, 2013 U.S. App. LEXIS 4783(10th Cir. Mar. 7, 2013): In its dismissal order, the district court declined to consider whether the Rooker-Feldman doctrine applied. Rooker-Feldman, however, "concerns a district court's subject-matter jurisdiction," Lance v. Coffman, 549 U.S. 437, 439 n* (2007), and must therefore ...
Cook v. Baca, 2013 U.S. App. LEXIS 4783(10th Cir. Mar. 7, 2013): In its dismissal order, the district court declined to consider whether the Rooker-Feldman doctrine applied. Rooker-Feldman, however, “concerns a district court’s subject-matter jurisdiction,” Lance v. Coffman, 549 U.S.…
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Veterans Affairs Department Subject to Inherent Power Sanction for Extrajudicial Conduct (Application of Concededly Invalid Rule) Contrary to Representations to Federal Circuit — Creative Alternative to Sanction Offered

Nat’l Org. of Veterans Advocates, Inc. v. Sec’y of Veterans Affairs, 2013 U.S. App. LEXIS 5541 (Fed. Cir. Mar. 21, 2013): The National Organization of Veterans' Advocates, Inc. (NOVA) petitioned us to review a rule promulgated by the Department of Veterans Affairs (VA). The rule eliminated certain procedural and appellate rights for ...
Nat’l Org. of Veterans Advocates, Inc. v. Sec’y of Veterans Affairs, 2013 U.S. App. LEXIS 5541 (Fed. Cir. Mar. 21, 2013): The National Organization of Veterans’ Advocates, Inc. (NOVA) petitioned us to review a rule promulgated by the Department of…
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RICO — Complaint Conclusorily Alleging Control and Asserting a “Fanstastical Scheme” That “Defies Logic” Fails to State a Claim (Good Quote)

Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 2013 U.S. App. LEXIS 5277 (2d Cir. Mar. 18, 2013): Plaintiff-Appellant Petrosurance, Inc. appeals from an August 31, 2012 judgment entered pursuant to a Memorandum and Order of the United States District Court for the Southern District of New York (Buchwald, J.), dismissing this c ...
Petrosurance, Inc. v. Nat’l Ass’n of Ins. Comm’rs, 2013 U.S. App. LEXIS 5277 (2d Cir. Mar. 18, 2013): Plaintiff-Appellant Petrosurance, Inc. appeals from an August 31, 2012 judgment entered pursuant to a Memorandum and Order of the United States District…
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Spoliation: Failure of Plaintiff’s Experts to Preserve Evidence before Defendant Knew of Claim Justifies Permissive Adverse Inference Instruction — Proper to Exclude Evidence Product Manufactured in China — No Reason to Sequester Experts

Indemnity Ins. Co. of N. Am. v. Electrolux Home Prods., Inc., 2013 U.S. App. LEXIS 6609 (3d Cir. April 2, 2013): Appellant, Indemnity Insurance Company of North America ("Indemnity"), as subrogee of the Unionville-Chadds Ford School District ("School District"), brought suit against Electrolux Home Products, Inc. ("Electrolux") alleging ...
Indemnity Ins. Co. of N. Am. v. Electrolux Home Prods., Inc., 2013 U.S. App. LEXIS 6609 (3d Cir. April 2, 2013): Appellant, Indemnity Insurance Company of North America (“Indemnity”), as subrogee of the Unionville-Chadds Ford School District (“School District”), brought…
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Additional Costs to Videotape Deposition Appropriately Taxed Where Objecting Party Ordered Recording and Prevailing Party, as a Result, Paid Some of the Cost

Pacificorp v. Nw. Pipeline GP, 2012 U.S. Dist. LEXIS 174593 (D. Or. Dec. 10, 2012): 2. Videography for Deposition PacifiCorp next objects to costs for videography at the depositions of John Roscher and Ed Towes, which it argues was unnecessary. However, these depositions were taken by PacifiCorp and used primarily in PacifiC ...
Pacificorp v. Nw. Pipeline GP, 2012 U.S. Dist. LEXIS 174593 (D. Or. Dec. 10, 2012): 2. Videography for Deposition PacifiCorp next objects to costs for videography at the depositions of John Roscher and Ed Towes, which it argues was unnecessary.…
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Expert Opinion on Damages — Good Quotes — Forum State Rule Awarding Attorneys’ Fees to Prevailing Party Applies in Federal Court — Does Such a Forum State Rule Trump Contrary State Law Governing Decision? It Depends

Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc., 2013 U.S. App. LEXIS 4566 (9th Cir. Mar. 9, 2013): Several state law questions arise in this appeal, and [two] federal law questions, whether expert testimony should have been excluded under Daubert *** and whether Alaska "English Rule" attorneys fee awards [Alaska Civil Procedure Rul ...
Alaska Rent-a-Car, Inc. v. Avis Budget Group, Inc., 2013 U.S. App. LEXIS 4566 (9th Cir. Mar. 9, 2013): Several state law questions arise in this appeal, and [two] federal law questions, whether expert testimony should have been excluded under Daubert…
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Sanctions: Dismissal to Bar Refiling in State Court of Frivolous Claim Filed in Federal Court Lacking Jurisdiction — Absent Jurisdiction over Complaint, Counterclaim Must State Federal Jurisdiction — Sovereign Citizens’ Movement & Admiralty

El v. AmeriCredit Financial Servs., 2013 U.S. App. LEXIS 5579 (7th Cir. Mar. 20, 2013): The plaintiff bought a used pickup truck in 2011 for $28,000 and financed the purchase by means of a six-year installment contract that specified an interest rate of 23.9 percent. The dealer who sold him the truck assigned the contract to AmeriCredit ...
El v. AmeriCredit Financial Servs., 2013 U.S. App. LEXIS 5579 (7th Cir. Mar. 20, 2013): The plaintiff bought a used pickup truck in 2011 for $28,000 and financed the purchase by means of a six-year installment contract that specified an…
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Recent Posts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

Electronic Spoliation/Rule 37(e): (1) Finding of Recklessness But Neither Gross Negligence Nor Willfulness in Loss of Video Evidence Precludes Rule 37(e)(2)’s Severest Sanctions Because (i) No Intent to Deprive and (ii) Rule 37(e)(2) Displaces District Court’s Power to Invoke Inherent Power to Impose Those Sanctions — (2) Appellate Review = Abuse of Discretion, With The Caveat That Whether The District Court Applied The Correct Legal Standards Is Reviewed De Novo — (3) Inherent Power Is Often Available As An Alternate Source of Sanctioning Power But Can Be Limited by Rule or Statute, Something Which Courts Do Not Lightly Presume — (4) The Text of Rule 37(e)(2), As Confirmed by the Advisory Committee Note, Displaces Inherent Power to Impose the Sanctions Specified in the Rule or Any More Severe Sanctions — (5) “Intent to Deprive” in Rule 37(e)(2) = “The Willful Destruction Of Evidence With The Purpose Of Avoiding Its Discovery By An Adverse Party” — (6) Appellate Standing Conferred by Virtue of Issuance of Sanctions Regardless of Merits Outcome — (7) Value of Advisory Committee Notes in Interpreting Rules Enacted without Change Despite General Reticence to Rely on Legislative History

RICO: (1) Plaintiff Need Not Suffer Injury from Each Predicate Act to Establish Standing, And The Pattern May Include Predicates As to Which No Plaintiff Has Standing — (2) 7 Elements of a Civil RICO Claim (2d Circuit Articulation) Which Must Be Established As to Each Defendant — (3) Requirements of an Association-in-Fact Enterprise — (4) Each Defendant Must Personally Commit 2 or More Predicate Acts — (5) Pattern of Racketeering Activity: Horizontal and Vertical Elements — (6) No Requirement That All Members of a RICO Enterprise Joined at Inception — Can Join Over Time/Others Can Quit — (7) Cannot Charge 2 Predicate Acts Where One Action Violates Two Statutes — (8) A Footnote to Consider for Briefs: “Unless Otherwise Noted, When Quoting Judicial Decisions This Order Accepts All Alterations And Omits All Citations, Footnotes, And Internal Quotation Marks.”

For An Appeal to Be Timely, A Motion for Reconsideration in The District Court (A Rule 59(e) Motion) Must Be Filed, And Not Just Served within 30 Days of The Decision, to Toll The 30-Day Period for Filing An Appeal

There Is No Good-Faith Defense For Issuing An Overly Burdensome Subpoena

Purposes of Rule 37 and Section 1927 Sanctions

While Rule 11 Doesn’t Apply to Appellate Proceedings (Unless It Has Been Incorporated in Local Appellate Rules), Rule 11 Caselaw Is Looked to for Guidance in Interpreting Applicable Sanctions Powers on Appeal

Rule 11 Sanctions & Appellate Review: Abuse of Discretion Standard Applies Unless Sanctions Are Based Solely (Not Just in Part) on Legal Issues, in Which Case Review Is De Novo

Rule 37(b)(2)(A) Sanctions for Altering Expert’s 26(a)(2)(B) Report — Without the Expert’s Knowledge or Approval — by Converting It from PDF to Word, Changing Headings and Other Formatting, and Omitting a Page of Relevant Text and Appendices, Even Though Expert Testified That The Overall Substance of the Report Was Unchanged — Rule 37(b)(2)(A) Sanctions May Be Reversed If Failure to Comply with Discovery Order Was Due to Misunderstanding or Inability to Comply

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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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