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

Spoliation by Defendant Does Not Preclude Summary Judgment for Defendant Where Subject Matter of Spoliated Evidence Is Conceded, Notwithstanding Grant of Adverse Inference Sanction

Canton v. Kmart Corp., 2012 U.S. App. LEXIS 6372 (3d Cir. Mar. 29, 2012): Appellant Patrice Canton ("Canton") appeals the District Court's February 12, 2010 Order granting Appellee's ("Kmart") motion for summary judgment. Canton filed a personal injury action against Kmart to recover economic damages resulting from her physical injur ...
Canton v. Kmart Corp., 2012 U.S. App. LEXIS 6372 (3d Cir. Mar. 29, 2012): Appellant Patrice Canton (“Canton”) appeals the District Court’s February 12, 2010 Order granting Appellee’s (“Kmart”) motion for summary judgment. Canton filed a personal injury action against…
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Federal Court May Issue Sanctions under State Law for Sanctionable Acts In a State Court Action That Is Later Removed to Federal Court

Doss v. NPC Int’l, Inc., 2012 U.S. App. LEXIS 2762 (5th Cir. Feb. 10, 2012): The magistrate judge ... imposed sua sponte sanctions against the appellants' attorneys for filing the five lawsuits [in state court arising out of the same incident] because the lawsuits "needlessly increase[d] the cost of litigation" in contravention of Fed ...
Doss v. NPC Int’l, Inc., 2012 U.S. App. LEXIS 2762 (5th Cir. Feb. 10, 2012): The magistrate judge … imposed sua sponte sanctions against the appellants’ attorneys for filing the five lawsuits [in state court arising out of the same…
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Extraterritoriality of New York Law

Global Reinsurance Corp. v. Equitas Ltd., 2012 WL 995268 (N.Y. Ct. App. Mar. 27, 2012): At issue is the sufficiency and extra-territorial reach of plaintiff’s claim under New York State’s antitrust statute, commonly known as the Donnelly Act (General Business Law § 340 et seq.). Plaintiff is a New York branch of a German re ...
Global Reinsurance Corp. v. Equitas Ltd., 2012 WL 995268 (N.Y. Ct. App. Mar. 27, 2012): At issue is the sufficiency and extra-territorial reach of plaintiff’s claim under New York State’s antitrust statute, commonly known as the Donnelly Act (General Business…
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Authentication of Email, Internet and Social Media Evidence

Tienda v. State, 2012 Tex. Crim. App. LEXIS 244 (Tex. Ct. Crim. App. Feb. 8, 2012): In his only issue for discretionary review, the appellant contends that the trial court erred in admitting into evidence the electronic content obtained from MySpace during both the guilt/innocence and punishment phases of his trial. The appella ...
Tienda v. State, 2012 Tex. Crim. App. LEXIS 244 (Tex. Ct. Crim. App. Feb. 8, 2012): In his only issue for discretionary review, the appellant contends that the trial court erred in admitting into evidence the electronic content obtained from…
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No RICO Standing If Alleged Damages Are Speculative — Noerr-Pennington Applies to RICO Claims

Rubloff Dev. Grp., Inc. v. SuperValu, Inc., 2012 U.S. Dist. LEXIS 41304 (N.D. Ill. Mar. 27, 2012): At the heart of this case is the battle for grocery shoppers' dollars in suburban Chicago. Plaintiffs develop shopping centers and say Defendants used sneaky and underhanded tactics to try to kill or delay their developments, which would h ...
Rubloff Dev. Grp., Inc. v. SuperValu, Inc., 2012 U.S. Dist. LEXIS 41304 (N.D. Ill. Mar. 27, 2012): At the heart of this case is the battle for grocery shoppers’ dollars in suburban Chicago. Plaintiffs develop shopping centers and say Defendants…
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Personal Jurisdiction — Circuit Split on the Significance of Foreseeability that a Product Will Reach a State — Only Concurrence Binding when Supreme Court Issues Plurality Opinion

Graham v. Hamilton, , 2012 U.S. Dist. LEXIS 35322 (W.D. La. Mar. 15, 2012): In Asahi Metal Industry Co. v. Superior Court of California, a fractured Court addressed minimum contacts. There, Justice O'Conn[o]r, writing for four justices, determined that foreseeability that a defendant's product would end up in a forum state, without ...
Graham v. Hamilton, , 2012 U.S. Dist. LEXIS 35322 (W.D. La. Mar. 15, 2012): In Asahi Metal Industry Co. v. Superior Court of California, a fractured Court addressed minimum contacts. There, Justice O’Conn[o]r, writing for four justices, determined that foreseeability…
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2010 Expert Discovery Amendments Narrow the Definition of a “Retained or Specially Employed” Expert without Redefining It — New Disclosures for Unretained Experts Encourage Literal Interpretation

Downey v. Bob’s Discount Furniture Holdings, Inc., 633 F.3d 1 (1st Cir. 2011): In 2005, the plaintiffs, Yvette Downey and her daughter, Ashley Celester, were living in Randolph, Massachusetts. Early that year they began to experience skin irritation, which they originally attributed to allergies or infections. In the crepuscular hours ...
Downey v. Bob’s Discount Furniture Holdings, Inc., 633 F.3d 1 (1st Cir. 2011): In 2005, the plaintiffs, Yvette Downey and her daughter, Ashley Celester, were living in Randolph, Massachusetts. Early that year they began to experience skin irritation, which they…
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Supreme Court Articulates Standards for Equitable Tolling of Federal Statutes of Limitation

Credit Suisse Secs. (USA) LLC v. Simmonds, 2012 WL 986812 (U.S. Mar. 26, 2012): In 2007, respondent Vanessa Simmonds filed 55 nearly identical actions under §16(b) against financial institutions that had underwritten various initial public offerings (IPOs) in the late 1990’s and 2000, including these petitioners. In a representative ...
Credit Suisse Secs. (USA) LLC v. Simmonds, 2012 WL 986812 (U.S. Mar. 26, 2012): In 2007, respondent Vanessa Simmonds filed 55 nearly identical actions under §16(b) against financial institutions that had underwritten various initial public offerings (IPOs) in the late…
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When a Later-Enacted Statute May Be Applied to Prior Conduct without Transgressing Rules against Retroactivity — Three-Step Analysis

From Gordon v. Pete’s Auto Serv. Of Denbigh, Inc., 2012 U.S. Dist. LEXIS 32262 (E.D. Va. Mar. 12, 2012): As the Fourth Circuit has previously noted in this case, "[retroactivity is not favored in the law." Gordon, 637 F.3d at 458 (quoting Bowen v. Georgetown Hosp., 488 U.S. 204, 208 (1988)). "This maxim is reflected in a presumption ...
From Gordon v. Pete’s Auto Serv. Of Denbigh, Inc., 2012 U.S. Dist. LEXIS 32262 (E.D. Va. Mar. 12, 2012): As the Fourth Circuit has previously noted in this case, “[retroactivity is not favored in the law.” Gordon, 637 F.3d at…
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Burden of Proving Alteration of Email Evidence — Best Evidence Issues under Fed.R.Evid. 1008

Nelson v. Levy Home Entm’t, LLC, 2012 U.S. Dist. LEXIS 15320 (N.D. Ill. Feb. 8, 2012): Nelson testified that in her e-mail to Donohue, she wrote at the end that she "did not want to end up in jail like AMS employees or Adam Zoldan and his employees or something to that [e]ffect." Def. Ex. 3 at 42. Nelson also notes that Donohue stated ...
Nelson v. Levy Home Entm’t, LLC, 2012 U.S. Dist. LEXIS 15320 (N.D. Ill. Feb. 8, 2012): Nelson testified that in her e-mail to Donohue, she wrote at the end that she “did not want to end up in jail like…
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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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