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

“The Meaning Of Language Lies In How An Audience Understands [The] Words” (Good Quote)

Quality Custom Distrib. Servs. LLC v. Int'l Bhd. of Teamsters, Loc. 710, 2025 U.S. App. LEXIS 5971, *4 (7th Cir. March 14, 2025):  “You do not need to be a student of Ludwig Wittgenstein to know that the meaning of language lies in how an audience understands words. See Saul A. Kripke, Wittgenstein on Rules and Private Language (1982).” ...
Quality Custom Distrib. Servs. LLC v. Int’l Bhd. of Teamsters, Loc. 710, 2025 U.S. App. LEXIS 5971, *4 (7th Cir. March 14, 2025):  “You do not need to be a student of Ludwig Wittgenstein to know that the meaning of…
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Rule 11 Sanctions — Successful Dershowitz Appeal in Election Case — (1) Ninth Circuit Splits with Sixth Holding (2-1) All Signers of a Court Paper Are Liable for Everything in It, Even If They Can Prove They Had No Role in the Sanctionable Portions (Ed. Ques.: (i) How Did They “Violate[] The Rule” (Rule 11(c)(2))? (ii) Why Does Reasonableness Require Every Lawyer to Read Every Allegation? (iii) Why Can’t They Or Their Clients Allocate Work? (iv) How Are Limited-Role, Innocent Lawyers “Responsible for the Violation” (Rule 11(c)(2))?)) — (2) Goodyear v. Haeger Doesn’t Allow Innocent Lawyers to Prove They Did Not Cause Any Damages (Ed.: Majority Conflates Basis for Seeking Fees with Defense to Fees) — (3) From Concurrence: Duties of Local Counsel (n. 3)

Lake v. Gates, 2025 U.S. App. LEXIS 6012 (9th Cir. Mar. 14, 2025) (“Lake 2”)  (Dershowitz Sanctions Reversal): [Majority] Opinion GOULD, Circuit Judge: "Of counsel" attorney for Plaintiffs, Alan Dershowitz, appea ...
Lake v. Gates, 2025 U.S. App. LEXIS 6012 (9th Cir. Mar. 14, 2025) (“Lake 2”)  (Dershowitz Sanctions Reversal): [Majority] Opinion GOULD, Circuit Judge: “Of counsel” attorney for Plaintiffs, Alan Dershowitz, appeals the district court’s award of sanctions under Federal …
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Rule 11 and § 1927 Sanctions — Jurisdiction to Sanction Survives Demise of Case — Rule 11 Sanctions Require Both a Baseless Pleading And an Unreasonable Inquiry (The Latter of Which May Be Inferable from the Former) — Amount of Time Available Affects Analysis of What Investigation Is Reasonable — Meaning of “Bad Faith” for § 1927 Sanctions in Ninth Circuit

Lake v. Gates, 2025 U.S. App. LEXIS 6015 (9th Cir. Mar. 14, 2025) (“Lake 1”) (Lead Counsel Sanctions): [Majority] OPINION GOULD, Circuit Judge: *2 Lead attorneys for the Plaintiff ...
Lake v. Gates, 2025 U.S. App. LEXIS 6015 (9th Cir. Mar. 14, 2025) (“Lake 1”) (Lead Counsel Sanctions): [Majority] OPINION GOULD, Circuit Judge: *2 Lead attorneys for the Plaintiffs, Andrew D. Parker and Kurt Olsen (collectively, “Lead Attorneys”), appeal…
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RICO Person vs. Enterprise: Subsidiary in Typical Corporate Structure Does Not Control Parent And Therefore Does Not Conduct Parent’s Affairs

Dawson v. Great Lakes Educ. Loan Servs., Inc., 2025 U.S. App. LEXIS 6135 (7th Cir. Jan. 18, 2025) (unpublished): ORDER Meredith Dawson brought this class action against Great Lakes Educational Loan Services, Inc. and Great L ...
Dawson v. Great Lakes Educ. Loan Servs., Inc., 2025 U.S. App. LEXIS 6135 (7th Cir. Jan. 18, 2025) (unpublished): ORDER Meredith Dawson brought this class action against Great Lakes Educational Loan Services, Inc. and Great Lakes Higher Education Corporation (collectively,…
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Patently Frivolous RICO Complaint Fails to Confer Federal Question Jurisdiction — Subject to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction

Puckett v. Ain Jeem, Inc., 2025 U.S. App. LEXIS 3165 (6th Cir. Feb. 11. 2025) (unpublished): ORDER Carl Ellen Puckett, Jr., and his wife, Marcella Puckett, both proceeding pro se, appeal a district court judgment sua sponte dismissing ...
Puckett v. Ain Jeem, Inc., 2025 U.S. App. LEXIS 3165 (6th Cir. Feb. 11. 2025) (unpublished): ORDER Carl Ellen Puckett, Jr., and his wife, Marcella Puckett, both proceeding pro se, appeal a district court judgment sua sponte dismissing their complaint…
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Inherent Power Sanctions — Dismissal — Abuse of Discretion Review Is “More Exacting” When Judge is “Accuser, Fact Finder and Sentencing Judge All in One” — Client Responsible for Her Lawyer’s Discovery Defalcations — No Need for Evidentiary Hearing When Sanctions Based Entirely on an Established Record — Lesser Sanctions Reasonably Determined to be Ineffective Given Record of Repeated Discovery Abuses

Abbott Labs. v. H&H Wholesale Servs., 2024 U.S. App. LEXIS 24436 (2d Cir. Sept. 26, 2024) (unpublished):   *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the ...
Abbott Labs. v. H&H Wholesale Servs., 2024 U.S. App. LEXIS 24436 (2d Cir. Sept. 26, 2024) (unpublished):   *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Defendants-Appellants H&H…
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Inherent Power Sanction of Dismissal for Fraud on the Court — Fabrication of Evidence and Lying about It to the Court — 2-Part Test for Dismissal Sanction (Eleventh Circuit) — Whether Fraud on Court Was Committed for the Court, Not a Jury

Frazier v. Se. Ga. Health Sys., Inc., 2024 U.S. App. LEXIS 24682 (11th Cir. Oct. 1, 2024) (unpublished): PER CURIAM: Cedrick and Tamara Frazier appeal the dismissal with prejudice of their medical malpractice suit against Southeast Georgia H ...
Frazier v. Se. Ga. Health Sys., Inc., 2024 U.S. App. LEXIS 24682 (11th Cir. Oct. 1, 2024) (unpublished): PER CURIAM: Cedrick and Tamara Frazier appeal the dismissal with prejudice of their medical malpractice suit against Southeast Georgia Health System,…
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New York Law Firm That Advised Florida Resident for Years Subject to Personal Jurisdiction in Florida, Thus Subject to 28 U.S.C. § 1782 in Florida — Court Cannot Amend Protective Order Following Dismissal of Case Unless the Order Retains Jurisdiction Post-Dismissal — Parties Can Enforce Stipulated Protective Order Post-Dismissal Through Breach of Contract Action

In re Absolute Activist Value Master Fund Ltd., 2025 WL 764608 (11th Cir. Mar. 11, 2025) (unpublished): PER CURIAM: Background *1 This case is a consolidation of f ...
In re Absolute Activist Value Master Fund Ltd., 2025 WL 764608 (11th Cir. Mar. 11, 2025) (unpublished): PER CURIAM: Background *1 This case is a consolidation of four appeals1 filed by Appellant, Susan Devine, in two separate actions.…
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Rule 37(e)/Spoliation — “Intent to Deprive” Determined under the Preponderance of the Evidence Standard — Court May Make Determination Or Allow Jury to Do So — Lesser “Culpable Conduct” Standard of Residential Funding Continues to Apply in Second Circuit Outside ESI Context — Once Judge Has Definitively Ruled on the Record Denying A Requested Instruction, Counsel Is Not Required to Object to the Charge Again at Trial to Preserve Issue for Appeal

Hoffer v. Tellone, 128 F.4th 433 (2d Cir. 2025): Plaintiff–Appellant Richard Hoffer sued the City of Yonkers, the City of Yonkers Police Department, and various individual police officers under
Hoffer v. Tellone, 128 F.4th 433 (2d Cir. 2025): Plaintiff–Appellant Richard Hoffer sued the City of Yonkers, the City of Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging that the officers used excessive…
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Recent Posts

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

FRAP 38: Permissible for Appeals Court to Affirm Sanctions But Deny FRAP 38 Sanctions for Appeal — A Defendant’s Voluntary Cessation of Complained of Behavior Does Not Moot a Case Unless It Is Clear That The Behavior Could Not Reasonably Be Expected to Recur

Rule 11: Violation of 21 Day Safe Harbor “Overlook[ed]” As Non-Prejudicial by First Circuit — “Rule 11 Monetary Sanctions Must Be Reasonable” (Good Quote) — Rule 11(c)(4) Requires Consideration of Offender’s Ability to Pay

Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Supreme Court: RICO: (1) Injuries to Business or Property That Derive from a Personal Injury Are Recoverable — (2) “Injury” Is Interchangeable in Meaning with “Harm” And Other Terms Connoting Loss — (3) “The Clayton Act and § 1964(c) Are Not ‘Interchangeable’” (Good Quote)— (4) (4) “You Can’t Replace Something With Nothing” (Good Quote) — (5) The Recoverable Economic Harm Flowing from Personal Injuries, Like All Other Recoverable RICO Harm, Must be Direct — (6)” Harm Resulting from a Single Tort Is Not a Ticket to Federal Court for Treble Damages” (Good Quote)

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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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