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

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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Sanctions — Error to Award Attorneys’ Fees for Cost of Replying to Submission That Was Invited by Court — Motion for Sanctions against Client Does Not Afford Notice That Counsel May Be Sanctioned

Mantell v. Chassman, 2013 U.S. App. LEXIS 3717 (2d Cir. Feb. 20, 2013): A. The October 2011 Sanction Rule 37(a)(5) provides that, if (1) a district court grants a Rule 37(a) motion to compel discovery or disclosure, or (2) disclosure or the requested discovery is provided after the motion was filed, the "court must, after gi ...
Mantell v. Chassman, 2013 U.S. App. LEXIS 3717 (2d Cir. Feb. 20, 2013): A. The October 2011 Sanction Rule 37(a)(5) provides that, if (1) a district court grants a Rule 37(a) motion to compel discovery or disclosure, or (2) disclosure…
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Arbitration — Evident Partiality and Undue Means as Grounds to Vacate Arbitration Award

NGC Network Asia, LLC v. Pac Pacific Group Int’l, Inc., 2013 U.S. App. LEXIS 2802 (2d Cir. Feb. 11, 2013): a. Evident Partiality PPGI insists that the District Court should have vacated the arbitration award because the arbitrator exhibited "evident partiality." An arbitrator is disqualified under that standard "o ...
NGC Network Asia, LLC v. Pac Pacific Group Int’l, Inc., 2013 U.S. App. LEXIS 2802 (2d Cir. Feb. 11, 2013): a. Evident Partiality PPGI insists that the District Court should have vacated the arbitration award because the arbitrator exhibited “evident…
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When Class Counsel’s Misconduct Requires Denial of Certification — Ethical Standards — “Only the Most Egregious Misconduct”

Reliable Money Order, Inc. v. McKnight Sales Co., 2013 U.S. App. LEXIS 501 (7th Cir. Jan. 9, 2013): The Ashford Gear litigation was the first to consider whether counsels' misconduct required denial of class certification. Like McKnight here, the defendant in Ashford Gear opposed class certification, arguing the same misconduct that Mc ...
Reliable Money Order, Inc. v. McKnight Sales Co., 2013 U.S. App. LEXIS 501 (7th Cir. Jan. 9, 2013): The Ashford Gear litigation was the first to consider whether counsels’ misconduct required denial of class certification. Like McKnight here, the defendant…
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Certain Purely Legal Rulings, Including Sanctions Rulings, May Be Subject to Abuse of Discretion Review

United States v. Gonza-Les-Flores, 701 F.3d 112 (4th Cir. 2012): On June 14, 2011, two days before Gonzales-Flores's jury trial on these charges was scheduled to begin, the government informed his counsel that it intended to call three expert witnesses. Gonzales-Flores's counsel filed a motion in limine seeking to exclude the witnesses' ...
United States v. Gonza-Les-Flores, 701 F.3d 112 (4th Cir. 2012): On June 14, 2011, two days before Gonzales-Flores’s jury trial on these charges was scheduled to begin, the government informed his counsel that it intended to call three expert witnesses.…
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Arbitration — Lingering Circuit Split over Viability of Manifest Disregard — Sixth Circuit’s Take

Schafer v. Multiband Corp., 2013 U.S. Dist. LEXIS 22057 (E.D. Mich. Feb. 19, 2013): Prior to Hall Street, the circuits unanimously recognized "manifest disregard" as a ground for vacatur. Since, however, the circuits have split over whether manifest disregard survives. See generally Leigh F. Gill, Note, Manifest Disregard After ...
Schafer v. Multiband Corp., 2013 U.S. Dist. LEXIS 22057 (E.D. Mich. Feb. 19, 2013): Prior to Hall Street, the circuits unanimously recognized “manifest disregard” as a ground for vacatur. Since, however, the circuits have split over whether manifest disregard survives.…
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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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