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

Spoliation — Refusal to Give Mandatory Adverse Inference Instruction Is Consistent with Refusal to Grant Default Judgment (or Dismissal) — Permissive Instruction Upheld

Flagg v. City of Detroit, 2013 U.S. App. LEXIS 8361 (6th Cir. April 25, 2013): Plaintiffs challenge the district court's decision to impose a permissive, as opposed to mandatory, adverse inference sanction against the City for destroying "e-mails sent and received by four former high-ranking Detroit officials, including . . . ...
Flagg v. City of Detroit, 2013 U.S. App. LEXIS 8361 (6th Cir. April 25, 2013): Plaintiffs challenge the district court’s decision to impose a permissive, as opposed to mandatory, adverse inference sanction against the City for destroying “e-mails sent and…
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RICO — Fraudulent Appraisal Sustains Mail Fraud-Based § 1962(c) Claim Alleging Scheme to Defraud Homeowner into Taking Out Unsustainable Mortgage, Leading to Foreclosure and Bankruptcy — Proximate Cause Is Not Same as Sole Cause (Good Quote)

Wallace v. Midwest Fin. Mortg. Servs., Inc., 2013 U.S. App. LEXIS 8111 (6th Cir. April 23, 2013): This is a subprime mortgage case brought by the borrower, Harold Wallace, against the lender, MortgageIT, Inc. ("MortgageIT"), the mortgage broker, Midwest Financial & Mortgage Services, Inc. ("Midwest Financial"), the broker's two principa ...
Wallace v. Midwest Fin. Mortg. Servs., Inc., 2013 U.S. App. LEXIS 8111 (6th Cir. April 23, 2013): This is a subprime mortgage case brought by the borrower, Harold Wallace, against the lender, MortgageIT, Inc. (“MortgageIT”), the mortgage broker, Midwest Financial…
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Spoliation Sanctions — No Bad Faith Required for Adverse Inference If Preservation Is Required by Statute or Regulation and Harmed Party Is within Class Protected by That Provision — Even Adverse Inference Insufficient to Avoid Summary Judgment

Grosdidier v. Broad. Bd. of Governors, 2013 U.S. App. LEXIS 4706 (D.C. Cir. Mar. 8, 2013): Camille Grosdidier has worked in the French to Africa Service of the Voice of America ("VOA") since 1987, since 1991 as a GS 12. When she did not receive a promotion to Senior Editor GS 13 in 2006, she sued the Chairman of the Broadcasting Board ...
Grosdidier v. Broad. Bd. of Governors, 2013 U.S. App. LEXIS 4706 (D.C. Cir. Mar. 8, 2013): Camille Grosdidier has worked in the French to Africa Service of the Voice of America (“VOA”) since 1987, since 1991 as a GS 12.…
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By Bringing Bad Faith Action, Insured Places in Issue the Conduct of Both Sides of Litigation — Rule 68 — If Court Does Not Award Costs, Costs Should Be Excluded in Valuing the Judgment — § 1927 Sanctions on Appeal Though Properly Denied Below

Charyulu v. Calif. Cas. Indem. Exch., 2013 U.S. App. LEXIS 7328 (9th Cir. April 11, 2013): Plaintiff Cindy Charyulu, special administrator of the Estate of Fatu Taputu, appeals the judgment, after a jury trial, entered in favor of the insurance company in her action claiming that the insurance company was guilty of bad faith in failing ...
Charyulu v. Calif. Cas. Indem. Exch., 2013 U.S. App. LEXIS 7328 (9th Cir. April 11, 2013): Plaintiff Cindy Charyulu, special administrator of the Estate of Fatu Taputu, appeals the judgment, after a jury trial, entered in favor of the insurance…
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American Pipe Tolls Statute of Limitations for Subsequent Class Action — Not Just Individidual Action — If Prior Class Action Was Disposed of Without Resolution of Class Issues

In re: Vertrue Inc. Marketing & Sales Practices Litigation, 2013 U.S. App. LEXIS 7693 (6th Cir. April 16, 2013): This matter arises from a multidistrict litigation proceeding, encompassing thirteen putative class action suits challenging the sales and marketing practices of Vertrue, Inc. and Adaptive Marketing, LLC. On April 16, 2010, th ...
In re: Vertrue Inc. Marketing & Sales Practices Litigation, 2013 U.S. App. LEXIS 7693 (6th Cir. April 16, 2013): This matter arises from a multidistrict litigation proceeding, encompassing thirteen putative class action suits challenging the sales and marketing practices of…
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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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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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