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

Sanctions — Good Quotes — FRAP 38 Not Invoked Lightly — No Sanctions for Choosing to Fight Uphill Battle — Losing ON Merits ≠ Utterly WITHOUT Merit — Unlikely to Succeed, Deferential Std. of Review Not Enough

 Dolin v. GlaxoSmithKline LLC, 2020 U.S. App. LEXIS 7063 (7th Cir. Mar. 6, 2020): This appeal presents two questions: first, whether we should reopen our court's prior judgment in this case, see ...
Dolin v. GlaxoSmithKline LLC, 2020 U.S. App. LEXIS 7063 (7th Cir. Mar. 6, 2020): This appeal presents two questions: first, whether we should reopen our court's prior judgment in this case, see Dolin v. GlaxoSmithKline LLC, 901 F.3d 803 …
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RICO: §1965(b), Not ’65(d), Governs Personal Jurisdiction (Circuit Split) — What Are the Ends of Justice within ’65 (b)? (Circuit Split) — Not Merely Suffering Harm in Forum — [Is Hub & Spoke Enterprise Viable?]

Laurel Gardens, LLC v. McKenna, 2020 WL 202215 (3d Cir. Jan. 14, 2020): *1 Plaintiffs, Laurel Gardens, LLC (“LG”), American Winter Services, LLC (“AWS”), Laurel Garden Holdings, LLC (“LGH”), LGSM, GP (“LGSM”), and Charles P. Gaudioso, appeal from the order of the United States District Court for the Ea ...
Laurel Gardens, LLC v. McKenna, 2020 WL 202215 (3d Cir. Jan. 14, 2020): *1 Plaintiffs, Laurel Gardens, LLC (“LG”), American Winter Services, LLC (“AWS”), Laurel Garden Holdings, LLC (“LGH”), LGSM, GP (“LGSM”), and Charles P. Gaudioso, appeal from the order…
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Recusal—28 U.S.C. §144 vs. §455 (w/Text): Different Procedures, Same Standards — DQ: Only Past, Present Client Has Standing to Seek Disqualification — Pleadings of Conflicted Counsel Not Void — Clerk Must Initiate Default Judgment (R. 55)

 Joseph v. City of San Jose, 2020 U.S. Dist. LEXIS 37611 (N.D. Cal. Mar. 3, 2020): ORDER DENYING MOTION TO RECUSE; DENYING MOTION FOR DISQUALIFICATION; DENYING MOTION FOR DEFAULT JUDGMENT; GRANTING I ...
Joseph v. City of San Jose, 2020 U.S. Dist. LEXIS 37611 (N.D. Cal. Mar. 3, 2020): ORDER DENYING MOTION TO RECUSE; DENYING MOTION FOR DISQUALIFICATION; DENYING MOTION FOR DEFAULT JUDGMENT; GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS; …
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Post-Judgment Inherent Power Sanctions against Party Not Subject to Personal Jurisdiction (PJD) OK — Is Defaulting Sanctionable? — Interactive Website As Basis for PJD: Factors — Purposeful Direction Still Needed

 Fidrych v. Marriott Int'l, 2020 U.S. App. LEXIS 6477 (4th Cir. Mar. 2, 2020): Bud Fidrych and his wife, both South Carolina residents, sued Marriott International in South Carolina district cour ...
Fidrych v. Marriott Int'l, 2020 U.S. App. LEXIS 6477 (4th Cir. Mar. 2, 2020): Bud Fidrych and his wife, both South Carolina residents, sued Marriott International in South Carolina district court after Fidrych was injured at the Boscolo Milano, a …
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If Plaintiff Voluntarily Dismisses Per FRCivP 41(a)(1)(A)(i) & Refiles in State Court, Fed. Ct. Can’t Award Costs of First Action Per 41(d), Even Tho It Could If 2nd Action Were Filed in Fed. Ct.—First Impression at Circuit Level—Dist. Cts. Split

 Sargeant v. Hall, 2020 U.S. App. LEXIS 6438 (11th Cir. Mar. 2, 2020): Under
Sargeant v. Hall, 2020 U.S. App. LEXIS 6438 (11th Cir. Mar. 2, 2020): Under Federal Rule of Civil Procedure 41(d), if a plaintiff who voluntarily dismissed an action files a second action against the same defendant based on or …
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RICO Claim Must Be Colorable to Confer Federal Question Jurisdiction — No Association in Fact Enterprise Stated by Allegations That Are Conclusory, Fail to Connect Conduct to Enter. Or to Allege Plausibly Continuing Unit

Lynn v. Brown, 2020 U.S. App. LEXIS 3802, 2020 WL 598999 (10th Cir. Feb. 7, 2020) (unpublished): Rosemary Ann Ly ...
Lynn v. Brown, 2020 U.S. App. LEXIS 3802, 2020 WL 598999 (10th Cir. Feb. 7, 2020) (unpublished): Rosemary Ann Lynn, appearing pro se, appeals from the district court’s orders dismissing her complaint against Defendant Andrew George Brown, III (No. …
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Sanctions: §1927 for Filing Premature Notice of Appeal to Delay District Court Proceedings — No 37(c)(1) Preclusion Despite Failure to ID Witnesses in Initial Disclosures: Harmless Error Where All ID’ed in Trial Brief

Hannah v. Walmart Stores, Inc., 2020 WL 521848 (2d Cir. Feb. 3, 2020) (unpublished):   *1 ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders and judgment of said District Court be and they hereby are AFFIRMED.   Appellants-C ...
Hannah v. Walmart Stores, Inc., 2020 WL 521848 (2d Cir. Feb. 3, 2020) (unpublished):   *1 ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the orders and judgment of said District Court be and they hereby are AFFIRMED…
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RICO Causation: Lawyer Not Directly Harmed by Competitors’ Illegal Use of Recruiters to Solicit Work Comp Clients — Direct Injury Suffered by Clients and Insurance Companies

Ozeran v. Jacobs, 2020 WL 777646 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM** *1 Robert Ozeran appeals the district court’s decision dismissing with prejudice his claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) an ...
Ozeran v. Jacobs, 2020 WL 777646 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM** *1 Robert Ozeran appeals the district court’s decision dismissing with prejudice his claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and California’s Unfair Competition…
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Magistrate Judges: Motion to Appoint Receiver Is Dispositive within R. 72, Even Tho Unisted in §636(a)(1)(A), As It Requires Merits Determination — Unlike Sanctions Motion Where Non-Dispositive Penalty Imposed Or Stay of Litigation Pending Arbitration

Ml-Cfc 2007-6 P.R. Props. v. Bpp Retail Props., 2020 U.S. App. LEXIS 6217 (1st Cir. Feb. 28, 2020):  This appeal arises from a federal district court's designation of a magistrate judge to "hear and ...
Ml-Cfc 2007-6 P.R. Props. v. Bpp Retail Props., 2020 U.S. App. LEXIS 6217 (1st Cir. Feb. 28, 2020):  This appeal arises from a federal district court's designation of a magistrate judge to "hear and determine" — pursuant to 28 U.S.C. …
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Appropriate Remedy for Scant R. 26(a)(1)(A)(iii) Damages Disclosure Is Motion to Compel, Not R. 37 Motion for Sanctions — Absent Showing of Harm, No Abuse of Discretion to Deny Sanctions [Despite Non-Discloser’s Burden to Show Harmless Error]

 Finato v. Fink, 2020 U.S. App. LEXIS 5140 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM* Joaquim Finato appeals the district cour ...
Finato v. Fink, 2020 U.S. App. LEXIS 5140 (9th Cir. Feb. 18, 2020) (unpublished): MEMORANDUM* Joaquim Finato appeals the district court's decisions on a series of claims he brought against Keith A. Fink & Associates ("KFA") based on KFA's …
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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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