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

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

Lall v. Corner Inv. Co., 2025 U.S. App. LEXIS 10093 (9th Cir. April 28, 2025) (unpublished): MEMO ...
Lall v. Corner Inv. Co., 2025 U.S. App. LEXIS 10093 (9th Cir. April 28, 2025) (unpublished): MEMORANDUM* * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. *1…
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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

Thomas v. Bartholomew, 2025 U.S. App. LEXIS 9696, 2025 WL 1179583 (11th Cir. April 23, 2025):  PER CURIAM: Appellant Derek Thomas was living in a house that his deceased mother had rented. When he missed a rent payment, the landlor ...
Thomas v. Bartholomew, 2025 U.S. App. LEXIS 9696, 2025 WL 1179583 (11th Cir. April 23, 2025):  PER CURIAM: Appellant Derek Thomas was living in a house that his deceased mother had rented. When he missed a rent payment, the landlord,…
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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

Cunningham v. Cornell Univ., 2025 U.S. LEXIS 1458 (U.S. April 17, 2025): The Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended,
Cunningham v. Cornell Univ., 2025 U.S. LEXIS 1458 (U.S. April 17, 2025): The Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. §1001 et seq., prohibits ERISA plan fiduciaries …
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FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

Gilmore-Bey v. Meltser, 2025 U.S. App. LEXIS 7319 (6th Cir. Mar. 28, 2025) (unpublished): ORDER ...
Gilmore-Bey v. Meltser, 2025 U.S. App. LEXIS 7319 (6th Cir. Mar. 28, 2025) (unpublished): ORDER Pro se Michigan plaintiff Nintu Xi Gilmore-Bey appeals the district court’s judgment dismissing her employment-discrimination and defamation complaint under Federal Rule of Civil Procedure 12(b)(6)…
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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

Aim Immunotech, Inc. v. Tudor, 2025 U.S. App. LEXIS 7566 (11th Cir. April 1, 2025) (unpublished): PER CURIAM: Plaintiff-Appellant AIM Immunotech, Inc. (AIM) appeals the dismissal of its Amended Complaint against Defendants-Appellees Franz
Aim Immunotech, Inc. v. Tudor, 2025 U.S. App. LEXIS 7566 (11th Cir. April 1, 2025) (unpublished): PER CURIAM: Plaintiff-Appellant AIM Immunotech, Inc. (AIM) appeals the dismissal of its Amended Complaint against Defendants-Appellees Franz [*2]  Tudor, Todd Deutsch, Ted Kellner, Jonathan…
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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

Saninocencio v. Pierce & Mandell, P.C., 2025 U.S. App. LEXIS 8100 (1st Cir. Mar. 31, 2025) (unpublished): JUDGMENT Gary Dolan ("Dolan"), an attorney, appeals from the district court's entry of a January 14, 2022 ...
Saninocencio v. Pierce & Mandell, P.C., 2025 U.S. App. LEXIS 8100 (1st Cir. Mar. 31, 2025) (unpublished): JUDGMENT Gary Dolan (“Dolan”), an attorney, appeals from the district court’s entry of a January 14, 2022 order on sanctions that, inter alia…
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Temporary Restraining Order = Preliminary Injunction: 3 Supreme Court Cases (TRO=PI x 3)

(1) Dep't of Educ. v. California, 2025 U.S. LEXIS 1370, at *1-2 (April 4, 2025): Although the Courts of Appeals generally lack appellate jurisdiction over appeals from TROs, several factors counsel in favor of construing the District Court ...
(1) Dep’t of Educ. v. California, 2025 U.S. LEXIS 1370, at *1-2 (April 4, 2025): Although the Courts of Appeals generally lack appellate jurisdiction over appeals from TROs, several factors counsel in favor of construing the District Court’s order …
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Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Eighth Circuit’s 4-Factor Test

E&I Global Energy Servs., Inc. v. Liberty Mut. Ins. Co., 2025 U.S. App. LEXIS 7976, 2025 WL 1007290 (8th Cir. April 4, 2025): *1 E&I Global Energy Services, Inc. and E&C Global, LCC (collectively, “Plaintiffs”) sued Liberty Mutual Insurance Company (Liberty), alleging several breach-of-contract and tort claims arising from Liberty’s promise to ...
E&I Global Energy Servs., Inc. v. Liberty Mut. Ins. Co., 2025 U.S. App. LEXIS 7976, 2025 WL 1007290 (8th Cir. April 4, 2025): *1 E&I Global Energy Services, Inc. and E&C Global, LCC (collectively, “Plaintiffs”) sued Liberty Mutual Insurance Company…
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RICO: So Insubstantial A Claim As to Fail to Confer Subject Matter Jurisdiction

Puckett v. Ain-Jeem, Inc., 2025 WL 948092 (6th Cir. Feb. 11, 2025): ORDER *1 Carl Ellen Puckett, Jr., and his wife, Marcella Puckett, both proceeding pro se, appeal a district court judgment sua sponte dismissing their complaint for lack of subject-matter jurisdiction. (No. 24-5282). Axencis, Inc. conditionally cross-appeals the same judgment. (No. ...
Puckett v. Ain-Jeem, Inc., 2025 WL 948092 (6th Cir. Feb. 11, 2025): ORDER *1 Carl Ellen Puckett, Jr., and his wife, Marcella Puckett, both proceeding pro se, appeal a district court judgment sua sponte dismissing their complaint for lack of…
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RICO: Distinctiveness Issues Most Likely to Appear When The Enterprise Is An Entity Capable of Being Sued, Like A Corporation

Kia America, Inc. v. DMO Auto Acquisitions, LLC, 2025 U.S. Dist. LEXIS 59773, 2025 WL 968786 (D.N.H. Mar. 31, 2025): *1 Plaintiff Kia America, Inc. (“Kia”) brings this action against a collection of current and former car deale ...
Kia America, Inc. v. DMO Auto Acquisitions, LLC, 2025 U.S. Dist. LEXIS 59773, 2025 WL 968786 (D.N.H. Mar. 31, 2025): *1 Plaintiff Kia America, Inc. (“Kia”) brings this action against a collection of current and former car dealerships and…
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Recent Posts

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Rule 37 Sanctions — Unfamiliarity With Litigation Process Does Not Excuse Intentional Disregard of Court Order — Also Affirming Rule 26(g) Sanctions on Clients and Counsel for False Representations That All Responsive Documents Had Been Produced

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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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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