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

Is an Appeal Bond Limited to the Costs Enumerated in Fed.R.App.P. 39(e) or May It Include Attorneys’ Fees? — Circuit Split — Factors in Determining Whether Appeal Bond Is Needed

Heekin v. Anthem, Inc., 2013 U.S. Dist. LEXIS 26700 (S.D. Ind. Feb. 27, 2013): Federal Rule of Appellate Procedure 7 states: "In a civil case, the district court may require an appellant to file a bond or provide other security in any form and amount necessary to ensure payment of costs on appeal." Rule 7 exists to protect the rights of ...
Heekin v. Anthem, Inc., 2013 U.S. Dist. LEXIS 26700 (S.D. Ind. Feb. 27, 2013): Federal Rule of Appellate Procedure 7 states: “In a civil case, the district court may require an appellant to file a bond or provide other security…
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Psychotherapist-Patient Privilege, Like Attorney-Client Privilege, Survives Death of Privilege Holder

Awalt v. Marketti, 287 F.R.D. 409 (N.D. Ill. 2012): A threshold issue of whether Mrs. Awalt can assert the psychotherapist-patient privilege on behalf of her deceased husband arises. Whether the psychotherapist-patient privilege survives the death of the patient, or is otherwise affected by the patient's death, is a matter that has not ...
Awalt v. Marketti, 287 F.R.D. 409 (N.D. Ill. 2012): A threshold issue of whether Mrs. Awalt can assert the psychotherapist-patient privilege on behalf of her deceased husband arises. Whether the psychotherapist-patient privilege survives the death of the patient, or is…
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Securities — Materiality Need Not Be Proved at Class Certification Stage — Judicial Admissions in Pleadings, Pretrial Orders and Stipulations Are Conclusively Binding

Amgen Inc. v. Conn. Retirement Plans & Trust Funds, 2013 U.S. LEXIS 1862 (U.S. Feb. 27, 2013): The issue presented concerns the requirement stated in Rule 23(b)(3) that "the questions of law or fact common to class members predominate over any questions affecting only individual members." Amgen contends that to meet the predominance req ...
Amgen Inc. v. Conn. Retirement Plans & Trust Funds, 2013 U.S. LEXIS 1862 (U.S. Feb. 27, 2013): The issue presented concerns the requirement stated in Rule 23(b)(3) that “the questions of law or fact common to class members predominate over…
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Dismissal Sanction — Third Circuit’s Six-Factor Test That Must Be Applied before Dismissing a Case Is Inapplicable after Trial and Verdict — But Dismissal Still Sanction of Last Resort

Knoll v. City of Allentown, 2013 U.S. App. LEXIS 3647 (3d Cir. Feb. 21, 2013): In Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (3d Cir. 1984), we held that a district court must consider six factors before it may dismiss a case as a sanction before trial on the merits. This appeal requires us to decide whether Poulis applies i ...
Knoll v. City of Allentown, 2013 U.S. App. LEXIS 3647 (3d Cir. Feb. 21, 2013): In Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (3d Cir. 1984), we held that a district court must consider six factors…
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Juridical Link Doctrine as Basis for Standing in Class Actions — Circuit Split

Reyes v. Julia Place Condominiums Homeowners Ass’n, 2013 U.S. Dist. LEXIS 15356 (E.D. La. Feb. 5, 2013): Plaintiff asserts that the Juridical Link Doctrine gives her standing to bring claims on behalf of the class against defendants from whom she has not sustained a direct injury.... The doctrine is premised on the idea that the ...
Reyes v. Julia Place Condominiums Homeowners Ass’n, 2013 U.S. Dist. LEXIS 15356 (E.D. La. Feb. 5, 2013): Plaintiff asserts that the Juridical Link Doctrine gives her standing to bring claims on behalf of the class against defendants from whom she…
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Legal Malpractice — Continuous Representation Doctrine — Post-Handoff Availability for Background Briefing of Successor Counsel by Predecessor Firm ≠ Continuous Representation

Perkins v. Am. Transit Ins. Co., 2013 U.S. Dist. LEXIS 6703 (S.D.N.Y. Jan. 15, 2013): This case is about a massive personal judgment arising out of a car accident in the Bronx that occurred well over a decade ago. The judgment debtor, Jae Jung Park ("Park"), was forced into bankruptcy as a result of the judgment, which far exceeded his ...
Perkins v. Am. Transit Ins. Co., 2013 U.S. Dist. LEXIS 6703 (S.D.N.Y. Jan. 15, 2013): This case is about a massive personal judgment arising out of a car accident in the Bronx that occurred well over a decade ago. The…
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Authentication of Facebook Messages Requires Circumstantial Evidence That the Purported Sender in Fact Was Responsible for the Message

Campbell v. State, 382 S.W.3d 545 (Tex. App. 2012): A jury convicted appellant Travis Campbell of aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02 (West 2011). Pursuant to an agreement with the State regarding punishment, the trial court sentenced Campbell to four years' imprisonment. In his sole issue on appea ...
Campbell v. State, 382 S.W.3d 545 (Tex. App. 2012): A jury convicted appellant Travis Campbell of aggravated assault with a deadly weapon. See Tex. Penal Code Ann. § 22.02 (West 2011). Pursuant to an agreement with the State regarding punishment,…
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Allocating Sanctions between Lawyer and Client — Second Circuit’s Multi-Factor Test for Dismissal — Court Must Make Specific Findings Justifying Imposition of Drastic Sanctions on Client

Mitchell v. Lyons Professional Servs., Inc., 2013 U.S. App. LEXIS 4174 (2d Cir. Feb. 28, 2013): Keesha Mitchell, Theresa Campbell, Seannette Campbell, and Tanisha Selby appeal the denial of their motion for a writ of execution against Christopher M. Lyons and Garrison Professional Services, Inc. ("Garrison Services"). See Fed. R. Civ. P ...
Mitchell v. Lyons Professional Servs., Inc., 2013 U.S. App. LEXIS 4174 (2d Cir. Feb. 28, 2013): Keesha Mitchell, Theresa Campbell, Seannette Campbell, and Tanisha Selby appeal the denial of their motion for a writ of execution against Christopher M. Lyons…
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RICO — Mailings That Increase the Probability That the Mailer Would Be Detected and Apprehended Do No Constitute Mail Fraud — Courts Are Wary of Converting Civil FLSA Claims into RICO Claims

Lundy v. Catholic Health System of Long Island Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013): Plaintiffs, a respiratory therapist and two nurses, allege that the Catholic Health System of Long Island Inc., a collection of hospitals, healthcare providers, and related entities (collectively, "CHS"), failed to compensate them adeq ...
Lundy v. Catholic Health System of Long Island Inc., 2013 U.S. App. LEXIS 4316 (2d Cir. Mar. 1, 2013): Plaintiffs, a respiratory therapist and two nurses, allege that the Catholic Health System of Long Island Inc., a collection of hospitals,…
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Sanctions — While Civil Contempt Cannot Be Imposed in The Absence of Subject Matter Jurisdiction, a $10,000 Penalty for Disregard of Court Order Is Permissible — Failure of Due Process to Impose Penalty without Warning

Tellado v. IndyMac Mortg. Servs., 2013 U.S. App. LEXIS 2817 (3d Cir. Feb. 11, 2013): This appeal is from the District Court's order to cancel a mortgage loan made by IndyMac Bank, FSB, to Jose and Maria Tellado. After IndyMac failed and was placed into receivership, with the Federal Deposit Insurance Corporation (FDIC) as its receiver, ...
Tellado v. IndyMac Mortg. Servs., 2013 U.S. App. LEXIS 2817 (3d Cir. Feb. 11, 2013): This appeal is from the District Court’s order to cancel a mortgage loan made by IndyMac Bank, FSB, to Jose and Maria Tellado. After IndyMac…
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Recent Posts

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

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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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