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 Was Intended to Combat Organized Crime, Not to Provide a Federal Cause of Action and Treble Damages to Every Tort Plaintiff” — Good Quote

Boar, Inc. v. County of Nye, 499 Fed. App’x 713 (9th Cir. 2012): In 2007, Karl and Maverick Snowdon purchased a parcel of land located on 3271 S. Homestead Road in Pahrump, Nevada that they intended to commercially develop. Over the following years, however, the Snowdons would repeatedly be dismayed to discover that there were various ...
Boar, Inc. v. County of Nye, 499 Fed. App’x 713 (9th Cir. 2012): In 2007, Karl and Maverick Snowdon purchased a parcel of land located on 3271 S. Homestead Road in Pahrump, Nevada that they intended to commercially develop. Over…
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Sanctions — Hyde Amendment — Criminal Defendants May Seek Fees for Vexatious, Frivolous or Bad Faith Prosecution — Court

United States v. Manzo, 712 F.3d 805 (3d Cir. 2013): Under a statutory provision known as the "Hyde Amendment," a district court in criminal cases "may award to a prevailing party, other than the United States, a reasonable attorney's fee and other litigation expenses, where the court finds that the position of the United States was ...
United States v. Manzo, 712 F.3d 805 (3d Cir. 2013): Under a statutory provision known as the “Hyde Amendment,” a district court in criminal cases “may award to a prevailing party, other than the United States, a reasonable attorney’s fee…
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Is a National Bank a Citizen Only of the State Housing Its “Main Office” or Also of the State Where Its Principal Place of Business Is Located? Caselaw Split

Adams v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 65353 (N.D. Cal. May 7, 2013): Plaintiffs, Christopher D. Adams and Sheila K. Adams, brought this action in state court seeking redress for several statutory and common law violations arising from the origination of their residential mortgage loan. Both Plaintiffs are California cit ...
Adams v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 65353 (N.D. Cal. May 7, 2013): Plaintiffs, Christopher D. Adams and Sheila K. Adams, brought this action in state court seeking redress for several statutory and common law violations arising…
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Negligent Spoliation — Sanctions — Deeming Certain Facts Admitted and Precluding Certain Arguments Does Not Prevent Summary Judgment in Favor of Spoliator — Bad Faith Required for Adverse Inference in Seventh Circuit

Northington v. H & M Int’l, 712 F.3d 1062 (7th Cir. 2013): This is a Title VII case involving two issues on appeal: whether in a grant of summary judgment there was any relevant issue of material fact and whether a discovery sanction was properly applied and adhered to by the district court. Since 2005, plaintiff-appellant Ehn ...
Northington v. H & M Int’l, 712 F.3d 1062 (7th Cir. 2013): This is a Title VII case involving two issues on appeal: whether in a grant of summary judgment there was any relevant issue of material fact and whether…
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Mohawk Bars Collateral Order Review of Adverse Privilege Decision Entered against Non-Party as Well as Party — Perlman Review Also Unavailable to Parties Where Subpoenas Served on Counsel Who Gave the Advice Parties Rely on as Defense

United States v. Copar Pumice Co., Inc., 2013 U.S. App. LEXIS 9148 (10th Cir. May 6, 2013): This is an interlocutory appeal arising out of an action filed by the United States against Defendants Kelly Armstrong, Debbie Cantrup, Richard Cook, Shirley Cook (collectively "the Cooks"), and Copar Pumice Company, Inc. ("Copar") for trespass, ...
United States v. Copar Pumice Co., Inc., 2013 U.S. App. LEXIS 9148 (10th Cir. May 6, 2013): This is an interlocutory appeal arising out of an action filed by the United States against Defendants Kelly Armstrong, Debbie Cantrup, Richard Cook,…
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If 30(b)(6) Witness Adequately Prepared, Others May Testify at Trial on Subjects the 30(b)(6) Lacked Knowledge of — Experts Designated for Non-Trial Purposes (e.g., Class Cert) But Not Trial May Testify on Rebuttal at Trial

Abu Dhabi Commercial Bank v. Morgan Stanley & Co., 2013 U.S. Dist. LEXIS 38787 (S.D.N.Y. Mar. 20, 2013): A. Testimony of Plaintiffs' Witnesses on Subjects About Which Their 30(b)(6) Designees Disclaimed Knowledge Defendants argue that plaintiffs should be precluded from calling witnesses to testify as to key subjects about ...
Abu Dhabi Commercial Bank v. Morgan Stanley & Co., 2013 U.S. Dist. LEXIS 38787 (S.D.N.Y. Mar. 20, 2013): A. Testimony of Plaintiffs’ Witnesses on Subjects About Which Their 30(b)(6) Designees Disclaimed Knowledge Defendants argue that plaintiffs should be precluded from…
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Sanctions — Standards for Award on Appeal under Fed.R.App.P. 38 and 28 U.S.C. § 1912

Bridgeport Music, Inc. v. Smith, 2013 U.S. App. LEXIS 8869 (6th Cir. May 1, 2013): Also before this court is Plaintiffs' motion for damages and costs pursuant to Fed. R. App. P. 38 and 28 U.S.C. § 1912. Section 1912 provides that, "[w]here a judgment is affirmed by the Supreme Court or a court of appeals, the court in its discretion ma ...
Bridgeport Music, Inc. v. Smith, 2013 U.S. App. LEXIS 8869 (6th Cir. May 1, 2013): Also before this court is Plaintiffs’ motion for damages and costs pursuant to Fed. R. App. P. 38 and 28 U.S.C. § 1912. Section 1912…
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Despite Bankruptcy Court’s Inability to Impose Criminal Contempt for Acts Outside Its Presence, Injunction of State Court Case Upheld — Elements of Civil Contempt — Civil vs. Criminal Contempt

In the Matter of Lothian Oil, Inc. (Grossman v. Belridge Grp.), 2013 U.S. App. LEXIS 9353 (5th Cir. May 8, 2013): Appellants/Cross-Appellees-the Anti-Lothian Bankruptcy Fraud Committee, Israel Grossman, and other individuals and entities-challenge a bankruptcy court's order enjoining their prosecutions of two state-court actions. The ba ...
In the Matter of Lothian Oil, Inc. (Grossman v. Belridge Grp.), 2013 U.S. App. LEXIS 9353 (5th Cir. May 8, 2013): Appellants/Cross-Appellees-the Anti-Lothian Bankruptcy Fraud Committee, Israel Grossman, and other individuals and entities-challenge a bankruptcy court’s order enjoining their prosecutions…
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26(a)(2)(B) Expert Reports — Permissible Supplementation or Clarification v. Impermissible Sandbagging — Point of Rule Is to Eliminate Need for Deposition and Risk of Ambush

Eiben v. Gorilla Ladder Co., 2013 U.S. Dist. LEXIS 59961 (E.D. Mich. April 22, 2013): The Sixth Circuit has held that "[u]nder Rule 26(a), a 'report must be complete such that opposing counsel is not forced to depose an expert in order to avoid an ambush at trial; and moreover the report must be sufficiently complete so as to shorte ...
Eiben v. Gorilla Ladder Co., 2013 U.S. Dist. LEXIS 59961 (E.D. Mich. April 22, 2013): The Sixth Circuit has held that “[u]nder Rule 26(a), a ‘report must be complete such that opposing counsel is not forced to depose an expert…
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Inherent Power Sanctions — No Bad Faith in Deciding to Dismiss Case, After Bad Result, for Purposes of Appellate “Panel Shopping” for Future Disputes (Good Quote)

Tex. Med. Providers Performing Abortion Servs. v. Lakey, 2013 U.S. App. LEXIS 3971 (5th Cir. Feb. 26, 2013): Pursuant to this panel's order that all subsequent appeals in this litigation be referred to us, the State of Texas here challenges the district court's denial of its motion to recover about $60,000 in attorneys' fees from the ap ...
Tex. Med. Providers Performing Abortion Servs. v. Lakey, 2013 U.S. App. LEXIS 3971 (5th Cir. Feb. 26, 2013): Pursuant to this panel’s order that all subsequent appeals in this litigation be referred to us, the State of Texas here challenges…
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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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