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: Federal Courts Have Never Construed RICO’s Attorney’s Fees Provision As Barring Prevailing Defendant from Recovering Fees Authorized Elsewhere — State Fees Statute Not Preempted Where Most Claims Arise under State Law

 Snyder v. Acord Corp., 2020 U.S. App. LEXIS 12889 (10th Cir. April 22, 2020): ORDER AND JUDGMENT* Seventeen Colorado homeowners ("Pl ...
Snyder v. Acord Corp., 2020 U.S. App. LEXIS 12889 (10th Cir. April 22, 2020): ORDER AND JUDGMENT* Seventeen Colorado homeowners (“Plaintiffs”) brought an action raising federal-and state-law claims against insurance companies, trade associations, and consulting firms (“Defendants”). The district…
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Inherent Power Sanctions — Negligence for Missing Court Date OK — Court Should Hear from Before Sanctioning — Lack of Due Process If Rule Provides Only That Sanction “May” Be Imposed But No Criteria Are Given Or Known

 Pimentel-Soto, 2020 U.S. App. LEXIS 13101 (1st Cir. April 23, 2020) (Kayatta, J.): Attorney Kendys Pimentel-Soto appeals from the district court's order sanctioning her for failing to appear at a status ...
Pimentel-Soto, 2020 U.S. App. LEXIS 13101 (1st Cir. April 23, 2020) (Kayatta, J.): Attorney Kendys Pimentel-Soto appeals from the district court's order sanctioning her for failing to appear at a status conference. For the reasons that follow, we reverse the…
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Splitting Cause of Action: Entire Controversy Doctrine (NJ Factors) — Equitable Exception for Claims Unknown, Unaccrued Or Unable to Be Brought — State Law Res Judicata / Collateral Estoppel Rules Apply in Diversity Cases

 Casser v. Twp. of Knowlton, 2020 U.S. App. LEXIS 6675 (3d Cir. Mar. 3, 2020) (unpublished): Pro se Plaintiff Claudia Casser appeals from the order of the United States District Court for the District of New ...
Casser v. Twp. of Knowlton, 2020 U.S. App. LEXIS 6675 (3d Cir. Mar. 3, 2020) (unpublished): Pro se Plaintiff Claudia Casser appeals from the order of the United States District Court for the District of New Jersey granting the motion…
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Diversity Jurisdiction: Trustee of Deed of Trust May Be Nominal Def., Citizenship Ignored — Res Judicata, Aff’ve Def., OK on 12(b)(6) If Clear from Complaint, Judicially Noticed Facts — Sanctions: FRAP 38/IHP OSC for Twice-Sanctioned Pro Se

 Anderson v. Wells Fargo Bank, N.A., 2020 U.S. App. LEXIS 7865 (5th Cir. Mar. 12, 2020): Pro se plaintiff-appellant Eva Anderson has sued various combinations of the present ...
Anderson v. Wells Fargo Bank, N.A., 2020 U.S. App. LEXIS 7865 (5th Cir. Mar. 12, 2020): Pro se plaintiff-appellant Eva Anderson has sued various combinations of the present defendant-appellees and their predecessors-in-interest no fewer than six times, alleging first that …
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FRAP 38, Inherent Power, § 1927 Sanctions Denied to Victorious Appellees (Defendants): “‘Unpersuasive Arguments’ Are Not Synonymous with ‘Bad Faith’” (Good Quote)

Vielma v. Gruler, 2020 WL 1672778 (11th Cir. April 6, 2020) (unpublished): PER CURIAM: *1 On June 12, 2016, a lone shooter, Omar Mateen, entered the Pulse nightclub in Orlando, Florida, armed with a semi-automatic rifle and a semi-automatic pistol. He ultimately shot numerous patrons in the club, killing forty-nine people and injuring f ...
Vielma v. Gruler, 2020 WL 1672778 (11th Cir. April 6, 2020) (unpublished): PER CURIAM: *1 On June 12, 2016, a lone shooter, Omar Mateen, entered the Pulse nightclub in Orlando, Florida, armed with a semi-automatic rifle and a semi-automatic pistol.…
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Even Though R. 41(d)(2) Provides Only for a Stay of Proceedings until Plaintiff Pays Costs of Prior, Voluntarily Dismissed Action, 2nd Case May Be Dismissed for Want of Prosecution Or under R. 41(b) If Costs Not Paid Per Order

ORDER Tsukerman v. W. Cmty. Unit Sch. Dist. No. 12, 2020 U.S. App. LEXIS 6881 (7th Cir. Mar. 5, 2020) (unpublished): A year after voluntarily dismissing a discrimination case a ...
ORDER Tsukerman v. W. Cmty. Unit Sch. Dist. No. 12, 2020 U.S. App. LEXIS 6881 (7th Cir. Mar. 5, 2020) (unpublished): A year after voluntarily dismissing a discrimination case against his former employer, Mikhail Tsukerman, a Jewish man in his …
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Spoliation: Another Circuit (D.C.) Questions, in Dicta, Whether The Doctrine of Spoliation Applies in Criminal Cases

 In re Baluchi, 2020 U.S. App. LEXIS 8064 (D.C. Cir. Mar. 13, 2020): Guantanamo detainee Ammar al Baluchi is one of five co-defendants facing capital charges related to the planning of the September ...
In re Baluchi, 2020 U.S. App. LEXIS 8064 (D.C. Cir. Mar. 13, 2020): Guantanamo detainee Ammar al Baluchi is one of five co-defendants facing capital charges related to the planning of the September 11 attacks. Al Baluchi alleges that prior …
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Sanctions: Tangible Spoliation Requires Bad Faith — Eighth Circuit Has Still Never Applied Doctrine of Spoliation in Criminal Case

 United States v. Warren, 2020 U.S. App. LEXIS 6901 (8th Cir. Mar. 5, 2020): A jury found Bruce Zachary Pugh and Darren Lamont Warren guilty of conspiracy to distribute cocaine base, in violation of
United States v. Warren, 2020 U.S. App. LEXIS 6901 (8th Cir. Mar. 5, 2020): A jury found Bruce Zachary Pugh and Darren Lamont Warren guilty of conspiracy to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)…
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Inherent Power Sanctions: Disbarment Appropriate for Intentional Dishonesty, Fraud, Deceit or Misrepresentation — Failure to Provide Requested Financial Info Justifies Court’s Not Exploring Lesser, Financial Sanctions

 In re Ray, 2020 U.S. App. LEXIS 6710 (5th Cir. Mar. 3, 2020): Attorney Ryan Eugene Ray appeals his permanent disbarment from the U.S. District Court for the Northern District of Texas. The district court im ...
In re Ray, 2020 U.S. App. LEXIS 6710 (5th Cir. Mar. 3, 2020): Attorney Ryan Eugene Ray appeals his permanent disbarment from the U.S. District Court for the Northern District of Texas. The district court imposed this sanction after determining…
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Sanctions Award Limited to Compensation — 37(e) Spoliation Award Reduced by Amount of Fees for Anticipated Deposition That Never Occurred

Spencer v. Lunada Bay Boys, 2020 WL 1490922 (9th Cir. 2020) (unpublished): MEMORANDUM* Cory Spencer, Diana Reed, and the Coastal Protection Rangers (CPR) appeal the district court’s grant of summary judgment in favor of City of Palos Verdes Estates and its former police chief. We affirm in part, reverse in part, and remand so ...
Spencer v. Lunada Bay Boys, 2020 WL 1490922 (9th Cir. 2020) (unpublished): MEMORANDUM* Cory Spencer, Diana Reed, and the Coastal Protection Rangers (CPR) appeal the district court’s grant of summary judgment in favor of City of Palos Verdes Estates and…
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Recent Posts

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

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

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

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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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