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

Legal Expert’s “Mere Speculation about a Loss Resulting from an Attorney’s Alleged Omission Is Insufficient to Sustain a Prima Facie Case of Legal Malpractice”

Barbieri v. Fishoff, 98 A.D.3d 703 (2d Dept. 2012): The plaintiff hired the defendant attorney on the eve of trial to represent him in an adversary proceeding in bankruptcy court, in which the plaintiff contended that his signature on a certain real estate document was forged. At the time he hired the defendant, the plaintiff had al ...
Barbieri v. Fishoff, 98 A.D.3d 703 (2d Dept. 2012): The plaintiff hired the defendant attorney on the eve of trial to represent him in an adversary proceeding in bankruptcy court, in which the plaintiff contended that his signature on a…
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Non-Expert Historian Testimony — Non-Expert Head of Organization Permitted to Testify as to Centuries-Old History of Organization — Daubert in Bench Trials: Limited But Not Non-Existent Role — Good Quotes

Sovereign Military Hospitaller Order vs. Florida Priory of the nights Hospitallers, 2012 U.S. App. LEXIS 19104 (11th Cir. Sept. 11, 2012): Plaintiff-Appellant Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta (Plaintiff Order) is a religious order of the Roman Catholic Church that undertakes charitab ...
Sovereign Military Hospitaller Order vs. Florida Priory of the nights Hospitallers, 2012 U.S. App. LEXIS 19104 (11th Cir. Sept. 11, 2012): Plaintiff-Appellant Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta (Plaintiff Order) is a…
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RICO — Statute of Limitations Accrues When Plaintiff Is on Inquiry Notice of Its Injury — Merck Limited to Securities Cases — Presumption Supreme Court Does Not Overrule Itself Sub Silentio — Elements of Fraudulent Concealment

Koch v. Christie’s Int’l PLC, 2012 U.S. App. LEXIS 20758 (2d Cir. Oct. 4, 2012): For wine, timing is critical. The same is true for causes of action.*** The essence of Koch's allegations against Christie's is that Christie's promoted as authentic a cache of wine that was ostensibly bottled in the late eighteenth century ...
Koch v. Christie’s Int’l PLC, 2012 U.S. App. LEXIS 20758 (2d Cir. Oct. 4, 2012): For wine, timing is critical. The same is true for causes of action.*** The essence of Koch’s allegations against Christie’s is that Christie’s promoted as…
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Should Motion to Dismiss Based on Arbitration Clause Be Filed under Rule 12(b)(6) or 12(b)(3)? Caselaw Split — Answer Determines Materials Court Can Consider on Motion

Washington v. Roosen, Varchetti & Oliver, PPLC, 2012 U.S. Dist. LEXIS 141048 (W.D. Mich. Sept. 17, 2012): This matter comes before the Court on two motions to dismiss. (ECF Nos. 5 and 6.) Defendant Web Equity ("Web Equity") filed the first motion to dismiss, along with a supporting brief. (ECF No. 5.) Defendant Roosen, Varchetti & Olive ...
Washington v. Roosen, Varchetti & Oliver, PPLC, 2012 U.S. Dist. LEXIS 141048 (W.D. Mich. Sept. 17, 2012): This matter comes before the Court on two motions to dismiss. (ECF Nos. 5 and 6.) Defendant Web Equity (“Web Equity”) filed the…
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Coverage Action Involving Lloyd’s May Form CAFA Class Action — Prior Judicial Reticence Overridden by CAFA — Defect in Subject Matter Jurisdiction, when Cured, Relates Back to Beginning of Action — All Prior Rulings Restored to Vitality

Certain Underwriters at Lloyd's of London v. Ill. Nat’l Ins. Co., 2012 U.S. Dist. LEXIS 141798 (S.D.N.Y. Sept. 24, 2012) (Preska, Ch. J.): Certain Underwriters at Lloyd's of London ("Underwriters"), Aspen Insurance UK Ltd. ("Aspen"), and Arch Insurance Company (Europe) Ltd. ("Arch-Europe") (collectively, "Plaintiffs") commenced this d ...
Certain Underwriters at Lloyd’s of London v. Ill. Nat’l Ins. Co., 2012 U.S. Dist. LEXIS 141798 (S.D.N.Y. Sept. 24, 2012) (Preska, Ch. J.): Certain Underwriters at Lloyd’s of London (“Underwriters”), Aspen Insurance UK Ltd. (“Aspen”), and Arch Insurance Company (Europe)…
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Summary Judgment — Failure to Document Conclusory Denial of Statement of Uncontested Fact = Admission — Causation in Legal Malpractice Action, and the Role of Expert Testimony

Joseph DelGreco & Co. v. DLA Piper LLP, 2012 U.S. Dist. LEXIS 142017 (S.D.N.Y. Oct. 1, 2012) (Engelmayer, J.): Defendant DLA Piper LLP ("DLA"), a law firm, moves for summary judgment against the Complaint of plaintiffs Joseph DelGreco and DelGreco & Co. (collectively, "DelGreco" or "plaintiffs"), which alleges that DLA committed various ...
Joseph DelGreco & Co. v. DLA Piper LLP, 2012 U.S. Dist. LEXIS 142017 (S.D.N.Y. Oct. 1, 2012) (Engelmayer, J.): Defendant DLA Piper LLP (“DLA”), a law firm, moves for summary judgment against the Complaint of plaintiffs Joseph DelGreco and DelGreco…
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Sanctions for Procedural Misconduct in the Course of a Federal Action Is Governed by Federal Sanctions Law — Failure to Abide by Safe Harbor Precludes Rule 11 Sanctions

Oliva v. Nat’l City Mortgage Co., 2012 U.S. App. LEXIS 16129 (9th Cir. Aug 3, 2012): The district court did not abuse its discretion by declining to award defendants attorney's fees. Defendants were not entitled to attorney's fees under Nev. Rev. Stat. §§ 7.085 and 18.010 because plaintiffs' alleged misconduct was procedural in n ...
Oliva v. Nat’l City Mortgage Co., 2012 U.S. App. LEXIS 16129 (9th Cir. Aug 3, 2012): The district court did not abuse its discretion by declining to award defendants attorney’s fees. Defendants were not entitled to attorney’s fees under Nev.…
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Rule 11 and Tax Protestors (or Others Filing Suit in the Face of Unambiguous Law) — “Plaintiffs May Disagree with the State of the Law, But Rule 11 Prohibits Them from Filing Fictional Claims to Protest It”

United States v. Vallone, 2012 U.S. App. LEXIS 20308 (7th Cir. Sept. 28, 2012): At the conclusion of an eleven week trial, a jury convicted defendants *** of conspiring to defraud the United States by impeding and impairing the functions of the Internal Revenue Service ("IRS") and to commit offenses against the United States, along wit ...
United States v. Vallone, 2012 U.S. App. LEXIS 20308 (7th Cir. Sept. 28, 2012): At the conclusion of an eleven week trial, a jury convicted defendants *** of conspiring to defraud the United States by impeding and impairing the functions…
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Damages Opinion Based on “Nascent Company’s” Business Plan Excluded Where Expert Didn’t Know Who Prepared Plan or Its Assumptions — That Plan Was Admitted at Trial Does Not Preclude Exclusion of Opinion under Rule 702, Even If Rule 703 Satisfiied

ZF Meritor, LLC v. Eaton Corp., 2012 U.S. App. LEXIS 20342 (3d Cir. Sept. 28, 2012): 2. Expert Testimony on Damages In their cross-appeal, Plaintiffs argue that the District Court erred in excluding DeRamus's testimony on the issue of damages. The core of DeRamus's damages analysis was one page (titled "Five Year Pr ...
ZF Meritor, LLC v. Eaton Corp., 2012 U.S. App. LEXIS 20342 (3d Cir. Sept. 28, 2012): 2. Expert Testimony on Damages In their cross-appeal, Plaintiffs argue that the District Court erred in excluding DeRamus’s testimony on the issue of damages.…
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Spoliation — Adverse Inference Requires Bad Faith But Not Malice in Eleventh Circuit — Negligence, Even Recklessness, Is Insufficient

Silver v. Countrywide Home Loans, Inc., 2012 U.S. App. LEXIS 11620 (11th Cir. June 8, 2012): Silver contends that the district court abused its discretion by not imposing sanctions and by not finding an inference of spoliation against Countrywide for failing to turn over emails relevant to the case and for failing to have a proper liti ...
Silver v. Countrywide Home Loans, Inc., 2012 U.S. App. LEXIS 11620 (11th Cir. June 8, 2012): Silver contends that the district court abused its discretion by not imposing sanctions and by not finding an inference of spoliation against Countrywide for…
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Recent Posts

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 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

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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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