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 — “We Find It Extremely Difficult to Fathom Any Scenario in Which An Attorney Might Expose Himself to RICO Liability by Offering Conventional Advice to a Client or Performing Ordinary Legal Tasks” (Good Quote)

RSM Production Corp. v. Freshfields Bruckhaus Deringer US LLP, 2012 U.S. App. LEXIS 12784 (D.C. Cir. June 22, 2012): RSM Production Corporation ("RSM") appeals the dismissal of its complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), against the law firm Freshfields Bruckhaus Deringer U.S. LLP, and two of its partners, Jan P ...
RSM Production Corp. v. Freshfields Bruckhaus Deringer US LLP, 2012 U.S. App. LEXIS 12784 (D.C. Cir. June 22, 2012): RSM Production Corporation (“RSM”) appeals the dismissal of its complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), against the law…
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Equitable Estoppel May Prevent Party from Reversing Position in Second Litigation with Same Adversary Where Judicial Estoppel Does Not Apply

Segal v. Strausser Enters., Inc., 2012 U.S. App. LEXIS 13228 (3d Cir. June 28, 2012): Appellees (collectively, "Segal") entered a real estate deal with Strausser Enterprises, Inc. ("SEI") that contained a mandatory arbitration clause. After the parties entered the contract, SEI believed that one of Segal's impending commercial transacti ...
Segal v. Strausser Enters., Inc., 2012 U.S. App. LEXIS 13228 (3d Cir. June 28, 2012): Appellees (collectively, “Segal”) entered a real estate deal with Strausser Enterprises, Inc. (“SEI”) that contained a mandatory arbitration clause. After the parties entered the contract,…
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§ 1927 Sanctions Imposable for Flippant, Condescending, Unproofread Briefs That Mischaracterize Evidence and Contain Baseless Arguments and Allegations

Greer v. Richardson Independent School Dist., 2012 U.S. App. LEXIS 11990 (5th Cir. June 13, 2012): On November 24, 2010, RISD moved for attorneys' fees pursuant to Federal Rule of Civil Procedure 54 and 28 U.S.C. § 1927, and it filed an Amended Motion for Attorney Fees on February 17, 2011. RISD sought the recovery of fees incurred as ...
Greer v. Richardson Independent School Dist., 2012 U.S. App. LEXIS 11990 (5th Cir. June 13, 2012): On November 24, 2010, RISD moved for attorneys’ fees pursuant to Federal Rule of Civil Procedure 54 and 28 U.S.C. § 1927, and it…
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Lack of Civility and Professionalism = Good Grounds to Deny Attorneys’ Fees — Aspect of Inherent Power of the Court

Wescott Agri-Products, Inc. v. Sterling State Bank, Inc., 2012 U.S. App. LEXIS 13214 (8th Cir. June 28, 2012): The district court granted summary1 judgment to Wescott Agri-Products, Inc. on Wescott's claim that Sterling State Bank, Inc. (bank) violated the Perishable Agricultural Commodities Act, 1930 (PACA), 7 U.S.C. § 499a et seq., b ...
Wescott Agri-Products, Inc. v. Sterling State Bank, Inc., 2012 U.S. App. LEXIS 13214 (8th Cir. June 28, 2012): The district court granted summary1 judgment to Wescott Agri-Products, Inc. on Wescott’s claim that Sterling State Bank, Inc. (bank) violated the Perishable…
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Foreign Arbitration Subject to Limited Appellate Review (FAA-Like) Is a “Proceeding” within 28 U.S.C. § 1782 — As This Is the First Post-Intel Circuit-Level Decision, Is There More Than a Nominal Circuit Split?

Application of Consorcio Ecuatoriano de Telecomunicaciones S.A., Pursuant to 28 USC 1782, 2012 U.S. App. LEXIS 12949 (11th Cir. June 25, 2012) (NOTE: THIS OPINION WAS WITHDRAWN SUA SPONTE ON 1/10/14 -- see Application of Consorcio Ecuatoriano de Telecoms. S.A., 2014 U.S. App. LEXIS 531 (11th Cir. Jan. 10, 2014):
Application of Consorcio Ecuatoriano de Telecomunicaciones S.A., Pursuant to 28 USC 1782, 2012 U.S. App. LEXIS 12949 (11th Cir. June 25, 2012) (NOTE: THIS OPINION WAS WITHDRAWN SUA SPONTE ON 1/10/14 — see Application of Consorcio Ecuatoriano de Telecoms.…
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Allegedly False Representations Directed to Person in State Giving Rise to Claim Satisfy Minimum Contacts — Circuit Split as to Whether All Jurisdictionally Relevant Acts Must Be Aimed at State or Only Tortious Acts

Felland v. Clifton, 2012 U.S. App. LEXIS 11380 (7th Cir. June 6, 2012): While vacationing in Arizona, Robert and Linda Felland entered into a contract to purchase a condominium unit in a planned beachfront development in Puerto Peñasco, Mexico. The project was managed by a real-estate development firm owned by Patrick Clifton, an Arizo ...
Felland v. Clifton, 2012 U.S. App. LEXIS 11380 (7th Cir. June 6, 2012): While vacationing in Arizona, Robert and Linda Felland entered into a contract to purchase a condominium unit in a planned beachfront development in Puerto Peñasco, Mexico. The…
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Rule 11 Sanctions for Filing Claims Barred by Statute of Limitations (An Affirmative Defense) and § 1927 Sanctions for Filing Duplicative Lawsuits

Erwin v. Russ, 2012 U.S. App. LEXIS 11101 (5th Cir. June 1, 2012): Erwin, along with twenty-three other plaintiffs (collectively the "Plaintiffs") sued Bryan F. Russ, Jr. and fifty-three other defendants (collectively the "Defendants") for their roles in an alleged grand conspiracy involving a Texas state judge and Russ' law firm ("The ...
Erwin v. Russ, 2012 U.S. App. LEXIS 11101 (5th Cir. June 1, 2012): Erwin, along with twenty-three other plaintiffs (collectively the “Plaintiffs”) sued Bryan F. Russ, Jr. and fifty-three other defendants (collectively the “Defendants”) for their roles in an alleged…
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Is Forum Selection Clause Substantive or Procedural for Choice of Law Purposes in Diversity Action? Circuit Split

Mid-American Benefits, Inc. v. Neb. Ass’n of Resource Dists., 2012 U.S. Dist. LEXIS 77609 (D. Neb. June 5, 2012): Because this is a diversity jurisdiction action, the Court must determine whether to treat the forum selection clause issue as substantive or procedural, which will, in turn, determine the choice of law. In Rainforest Caf ...
Mid-American Benefits, Inc. v. Neb. Ass’n of Resource Dists., 2012 U.S. Dist. LEXIS 77609 (D. Neb. June 5, 2012): Because this is a diversity jurisdiction action, the Court must determine whether to treat the forum selection clause issue as substantive…
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Sanctions — What Constitutes Bad Faith for § 1927 and Inherent Power Purposes — Even Meritorious Arguments May Be Advanced in Bad Faith for Harassment Purposes — Award of Costs as Sanction

Save the Peaks Coalition v. U.S. Forest Serv., 2012 U.S. App. LEXIS 12666 (9th Cir. June 21, 2012): Intervenor-Defendant-Appellee Arizona Snowbowl Resort Limited Partnership (Snowbowl) has moved for attorney's fees and costs. The court is well aware that Plaintiffs-Appellants and Howard M. Shanker (Shanker), their counsel, grossly ab ...
Save the Peaks Coalition v. U.S. Forest Serv., 2012 U.S. App. LEXIS 12666 (9th Cir. June 21, 2012): Intervenor-Defendant-Appellee Arizona Snowbowl Resort Limited Partnership (Snowbowl) has moved for attorney’s fees and costs. The court is well aware that Plaintiffs-Appellants and…
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RICO — Damage to Reputation from Defamation Is Personal, Not Injury to Business or Property, Even If It Results in a Loss of Income

Santana v. Cook Cnty. Board of Review, , 679 F.3d 614 (7th Cir. 2012): Finally, Santana alleges that the defendants' alleged racketeering activity--including bribery, money laundering, honest-services fraud, and extortion--injured him "in business or property" and therefore violated RICO, 18 U.S.C. § 1964(c). But Santana cannot state a ...
Santana v. Cook Cnty. Board of Review, , 679 F.3d 614 (7th Cir. 2012): Finally, Santana alleges that the defendants’ alleged racketeering activity–including bribery, money laundering, honest-services fraud, and extortion–injured him “in business or property” and therefore violated RICO, 18…
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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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