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: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

Rives v. Univ. of Tenn., 2024 WL 5103829 (6th Cir. Dec. 13, 2024): When Dyllan Rives’s dog Hickory fell ill, she took him to the University of Tennessee’s pet hospital. Over two months, Dyllan and her father James Rives spent more than $75,000 on Hickory’s treatment. Despite their efforts, Hickory did not survive his illness. Frustrated by the outcome and high cost of Hick ...
Rives v. Univ. of Tenn., 2024 WL 5103829 (6th Cir. Dec. 13, 2024): When Dyllan Rives’s dog Hickory fell ill, she took him to the University of Tennessee’s pet hospital. Over two months, Dyllan and her father James Rives spent…
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RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Humana, Inc. v. Indivior, Inc., 2022 WL 17718342 (3d Cir. Dec. 15, 2022) (unpublished): OPINION* *1 Humana, Inc., and Centene Corporation (Insurers) are health benefit program insurers that provide their members with insurance to cover prescription drug costs. They maintain approved ...
Humana, Inc. v. Indivior, Inc., 2022 WL 17718342 (3d Cir. Dec. 15, 2022) (unpublished): OPINION* *1 Humana, Inc., and Centene Corporation (Insurers) are health benefit program insurers that provide their members with insurance to cover prescription drug costs.…
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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

Eberhardt v. Walsh, 2024 U.S. App. LEXIS 30685 (7th Cir. Dec. 5, 2024): In this appeal, Attorn ...
Eberhardt v. Walsh, 2024 U.S. App. LEXIS 30685 (7th Cir. Dec. 5, 2024): In this appeal, Attorney Stephen Eberhardt challenges the district court’s decision to sanction him under Rule 11 of the Federal Rules of Civil Procedure and its denial…
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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

Glassie v. Doucette, 55 F.4th 58 (1st Cir. 2022): *62 This case arises out of a prolonged and acrimonious family dispute over the property of the late hotelier Donelson Glassie, whose estate remains in probate in Rhode Island eleven years after his death. The question here is whether plaintiff has managed to drag the federal courts into the fray. For the ...
Glassie v. Doucette, 55 F.4th 58 (1st Cir. 2022): *62 This case arises out of a prolonged and acrimonious family dispute over the property of the late hotelier Donelson Glassie, whose estate remains in probate in Rhode Island eleven years …
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RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Laydon v. Cooperative Rabobank U.A, 55 F.4th 86 (2d Cir. 2022): Plaintiff Jeffrey Laydon brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR. He claimed that he was injured after purchasing and trading a Euroyen TIBOR futures contract o ...
Laydon v. Cooperative Rabobank U.A, 55 F.4th 86 (2d Cir. 2022): Plaintiff Jeffrey Laydon brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR.…
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Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

Dial HD, Inc. v. Clearone Commc'ns, Inc., 2024 U.S. App. LEXIS 30172 (11th Cir. Nov. 27, 2024) (unpub ...
Dial HD, Inc. v. Clearone Commc’ns, Inc., 2024 U.S. App. LEXIS 30172 (11th Cir. Nov. 27, 2024) (unpublished): PER CURIAM: *1 Donald Bowers, the chief executive officer (“CEO”) of Dial HD, Inc., appeals the district court’s denial of his motion…
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The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

Surowitz v. Pontiac, 374 Mich. 597, 606 (1965): The word "include" has been used many times in the past both as a term of enlargement and of limitation, and the word of and by itself cannot determine intent to the exclusion of all other words to which it refers.   ...
Surowitz v. Pontiac, 374 Mich. 597, 606 (1965): The word “include” has been used many times in the past both as a term of enlargement and of limitation, and the word of and by itself cannot determine intent to the…
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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

Douglas v. Hirshon, 63 F.4th 49 (1st Cir. 2023): Joel Douglas, Steven Fowler, and James Lewis sued twenty-six defendants, alleging several interrelated schemes to defraud the plaintiffs of real estate in Maine. Among other claims, the complaint asserts that, in connection with these schemes, a subset of the defendants participated in a conspiracy in violation of the
Douglas v. Hirshon, 63 F.4th 49 (1st Cir. 2023): Joel Douglas, Steven Fowler, and James Lewis sued twenty-six defendants, alleging several interrelated schemes to defraud the plaintiffs of real estate in Maine. Among other claims, the complaint asserts that, in …
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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

Zeikos Inc. v. Walgreen Co., 2024 U.S. Dist. LEXIS 210978 (N.D. Ill. Nov. 20, 2024) MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant Walgreen Co.'s ("Walgreen") motion to compel Plaintiff Z ...
Zeikos Inc. v. Walgreen Co., 2024 U.S. Dist. LEXIS 210978 (N.D. Ill. Nov. 20, 2024) MEMORANDUM OPINION AND ORDER This matter comes before the Court on Defendant Walgreen Co.’s (“Walgreen”) motion to compel Plaintiff Zeikos Inc. (“Zeikos”) to produce…
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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)

Meza-Perez v. Sbarro LLC, 2024 U.S. App. LEXIS 26503 (9th Cir. Oct. 21, 2024) (unpublished): MEMORANDUM* This appeal comes from a ten-day jury tri ...
Meza-Perez v. Sbarro LLC, 2024 U.S. App. LEXIS 26503 (9th Cir. Oct. 21, 2024) (unpublished): MEMORANDUM* This appeal comes from a ten-day jury trial where Plaintiff-Appellant Sandra Meza-Perez [*2]  (“Perez”) sued her supervisor, Defendant-Appellee Zachary Ceballes (“Ceballes”), for…
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Recent Posts

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

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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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