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

Unquantified Sanctions Award Is Not Appealable Unless It is Inextricably Intertwined with an Appealable Order or Review of It Is Necessary to Review the Appealable Order

Orenshteyn v. Citrix Sys., Inc., 2012 U.S. App. LEXIS 15507 (Fed. Cir. July 26, 2012): By statute, this court has jurisdiction over an appeal of a decision of a district court if it is "final" under 28 U.S.C. § 1295(a)(1) or if it is an interlocutory order as specified in 28 U.S.C. § 1292. The district court's decision on the merits * ...
Orenshteyn v. Citrix Sys., Inc., 2012 U.S. App. LEXIS 15507 (Fed. Cir. July 26, 2012): By statute, this court has jurisdiction over an appeal of a decision of a district court if it is “final” under 28 U.S.C. § 1295(a)(1)…
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Initial Taking of Property = RICO Injury — No Separate Accrual for Continuing Profit Earned by Defendant over Time — Failure to File Federal RICO Action for Six Years after State Court Claims Dismissed Precludes Equitable Tolling

Kecia v. Bach & Wasserman, LLC, 2012 U.S. App. LEXIS 18136 (5th Cir. Aug. 27, 2012): In May 2002, the Josephs received a settlement from a personal injury matter. They invested the money in different ventures, including several retail food trailers. They purchased two new food units for their business from Customs Sales ("Customs"), pay ...
Kecia v. Bach & Wasserman, LLC, 2012 U.S. App. LEXIS 18136 (5th Cir. Aug. 27, 2012): In May 2002, the Josephs received a settlement from a personal injury matter. They invested the money in different ventures, including several retail food…
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§ 1927 Sanctions May Not Be Ordered Paid to the Court — Inherent Power Sanctions May Be Imposed Even If Rule 11 Procedural Requirements Violated — Post-Judgment Inherent Power Sanctions

Melliott v. MSN Commc’ns, Inc., 2012 U.S. App. LEXIS 15218 (10th Cir. July 24, 2012): John R. Olsen, who was the plaintiff's attorney in the underlying district-court action, and his law firm appeal a Fed. R. Civ. P. 11 sanction imposed on them. Although we sympathize with the district court's frustration with Mr. Olsen's conduct, the ...
Melliott v. MSN Commc’ns, Inc., 2012 U.S. App. LEXIS 15218 (10th Cir. July 24, 2012): John R. Olsen, who was the plaintiff’s attorney in the underlying district-court action, and his law firm appeal a Fed. R. Civ. P. 11 sanction…
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Ninth Circuit Abandons Rule Requiring That Dismissed Claims Be Realleged in Amended Complaint or Forfeited — Ends Both Sanctions Exposure and Circuit Split

Lacey v. Maricopa Cnty., 2012 U.S. App. LEXIS 18320 (9th Cir. Aug. 29, 2012): Before we consider his claim to immunity, we must address whether the claims against Maricopa County Attorney Andrew Thomas are properly before us, as our circuit law appears to require that we consider the claims against Thomas to be waived. Thomas was na ...
Lacey v. Maricopa Cnty., 2012 U.S. App. LEXIS 18320 (9th Cir. Aug. 29, 2012): Before we consider his claim to immunity, we must address whether the claims against Maricopa County Attorney Andrew Thomas are properly before us, as our circuit…
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“Whether or Not the Supreme Court Is Infallible, It Is Final” and Alone Entitled to Revisit Its Precedents — Good Quote

Woolsey v. Citibank, N.A., 2012 U.S. App. LEXIS 18597 (10th Cir. Sept. 4, 2012): Like so many these days, Stephanie and Kenneth Woolsey owe more money on their home than it's worth. In fact, the value of their home doesn't come close to covering the balance due on their first mortgage, much less the amount they owe on a second. And it's ...
Woolsey v. Citibank, N.A., 2012 U.S. App. LEXIS 18597 (10th Cir. Sept. 4, 2012): Like so many these days, Stephanie and Kenneth Woolsey owe more money on their home than it’s worth. In fact, the value of their home doesn’t…
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Rule 11 — Plaintiffs’ Failure to Consider Obvious Affirmative Defenses before Filing Complaint Is Sanctionable

Petrella v. Metro-Goldwyn-Mayer, Inc., 2012 U.S. App. LEXIS 18322 (9th Cir. Aug. 29, 2012): The defendants contend they are entitled to sanctions under Rule 11 and attorney's fees for Petrella's alleged unjustified filing and prosecution of this action, and ask that we remand for the district court to reconsider its denial of their sanc ...
Petrella v. Metro-Goldwyn-Mayer, Inc., 2012 U.S. App. LEXIS 18322 (9th Cir. Aug. 29, 2012): The defendants contend they are entitled to sanctions under Rule 11 and attorney’s fees for Petrella’s alleged unjustified filing and prosecution of this action, and ask…
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RICO — Filed-Rate Doctrine Does Not Preclude Action against Utility for Paying Unlawful Rebates to Large Customers in Return for Withdrawal of Objections to a Rate-Stabilization Plan for Which State Approval Was Being Sought

Williams v. Duke Energy Int’l, Inc., 681 F.3d 788 (6th Cir. 2012): Plaintiffs appeal the dismissal of their case pursuant to Fed. R. Civ. P. 12(b)(1). The district court, following a hearing, found that the "filed-rate doctrine" denied the court federal question subject-matter jurisdiction. The district court also found that the Publi ...
Williams v. Duke Energy Int’l, Inc., 681 F.3d 788 (6th Cir. 2012): Plaintiffs appeal the dismissal of their case pursuant to Fed. R. Civ. P. 12(b)(1). The district court, following a hearing, found that the “filed-rate doctrine” denied the court…
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Distinguishing an Appealable Modification of an Injunction from a Non-Appealable Clarification — Practical Effects Doctrine — The Legal Relationship of the Parties to the Decree Must Change

United States v. Philip Morris USA Inc., 2012 U.S. App. LEXIS 15528 (D.C. Cir July 27, 2012): Appellant tobacco companies seek review of a district court order clarifying an injunction requiring appellants to disclose marketing data to the government. Appellants claim that the clarification of the injunction actually effects a modificat ...
United States v. Philip Morris USA Inc., 2012 U.S. App. LEXIS 15528 (D.C. Cir July 27, 2012): Appellant tobacco companies seek review of a district court order clarifying an injunction requiring appellants to disclose marketing data to the government. Appellants…
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Standards for Settlement Class Laxer Than for Litigation Class — Trial Management Problems Irrelevant — Securities Fraud Plaintiffs Needn’t Enjoy Fraud on the Market Presumption to Satisfy Predominance

In re AIG Int’l Grp., Inc., Secs. Litig., 2012 U.S. App. LEXIS 16911 (2d Cir. Aug. 13, 2012): In this class action case, we face a rare joint appeal from a district court's order. After the parties arrived at a settlement agreement, the district court ... denied plaintiffs' motion to certify a settlement class. The court held that the ...
In re AIG Int’l Grp., Inc., Secs. Litig., 2012 U.S. App. LEXIS 16911 (2d Cir. Aug. 13, 2012): In this class action case, we face a rare joint appeal from a district court’s order. After the parties arrived at a…
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When International Arbitration Agreement Designates a Non-Existent Forum, New York Convention and Federal Arbitration Act Mandate that District Court Compel Arbitration in Its District

Control Screening LLC v. Technological Application & Prod. Co. (TECAPRO), HCMC-Vietnam, 2012 U.S. App. LEXIS 15418 (3d Cir. July 26, 2012): This dispute involves New Jersey-based Control Screening, LLC and Vietnam-based Technological Application and Production Company, HCMC-Vietnam ("Tecapro"). Control Screening and Tecapro disagree abo ...
Control Screening LLC v. Technological Application & Prod. Co. (TECAPRO), HCMC-Vietnam, 2012 U.S. App. LEXIS 15418 (3d Cir. July 26, 2012): This dispute involves New Jersey-based Control Screening, LLC and Vietnam-based Technological Application and Production Company, HCMC-Vietnam (“Tecapro”). Control Screening…
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Recent Posts

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

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

Rule 41(b): Five Factors to Be Weighed in Deciding Whether Dismissal Is Appropriate (Second Circuit) — Is A Finding of Bad Faith or Fault Required if Dismissal Is Without Prejudice? — Undecided If Truly Without Prejudice But It Is Required If the Without Prejudice Dismissal Will Act as a Dismissal on the Merits (Here, Because of the Statute of Limitations) — Failure To Consider A Lesser Sanction Than Dismissal Is Generally An Abuse Of Discretion

Spoliation Sanctions/Mootness: Stipulation Resolving “All Pending Discovery Disputes,” Which Are Enumerated, Does Not Moot Subsequent Sanctions Motion for ESI Spoliation — Postjudgment Sanctions Order Is Appealable When District Court Has Finally Disposed of Both Liability and Amount

Rule 37 Default Judgment Sanction: (1) Default Judgment Appropriate Only As a Last Resort, When Less Drastic Sanctions Would Not Ensure Compliance with the Court’s Orders — (2) Default Judgment Sanction Requires Willful or Bad Faith Failure to Obey Discovery Order — (3) Fugitive Defendant’s Failure to Appear at Court-Ordered, Remote Deposition Despite Court Warning That Sanctions Could Follow Disobedience Warrants Default Judgment — (4) District Court Afforded Wide Discretion in Interpreting Its Own Orders — (5) Filing a Notice of Appeal from a Non-Appealable Order (Here, a Discovery Order) Does Not Deprive the District Court of Jurisdiction over the Case

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

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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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