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

Evidence from Jurors after Hung Verdict Not Barred by 606(b) — Sanctions: Concession Establishes Violation of Order but Not Bad Faith — Compensatory Sanctions Require Causation — Good Quotes

Miller v. City of Los Angeles, 2011 U.S. App. LEXIS 21739 (9th Cir. Oct. 27, 2011): This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legal matter. There are unlikely to be many more like it, so this opinion's precedential value is probably limited. We nevertheless publis ...
Miller v. City of Los Angeles, 2011 U.S. App. LEXIS 21739 (9th Cir. Oct. 27, 2011): This is a strange case. Its resolution hinges on the absence, as a factual matter, of something we must accept as a legal matter.…
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In Determining Amount in Controversy, Both Punitive Damages and Attorneys’ Fees Are Considered

From West County Motor Co. v. Talley, 2011 U.S. Dist. LEXIS 109485 (E.D. Mo. Sept. 27, 2011): The FAA itself is not jurisdictional. Hall Street Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576, 581-82 (2008). Thus, West County's action is dependent on some other independent jurisdictional basis. Id. As West County premises federal jurisdic ...
From West County Motor Co. v. Talley, 2011 U.S. Dist. LEXIS 109485 (E.D. Mo. Sept. 27, 2011): The FAA itself is not jurisdictional. Hall Street Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576, 581-82 (2008). Thus, West County’s action is…
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Sanctions — When Summary Criminal Contempt May Be Used in Civil Actions — Upheld for Yelling Foul Insult at Judge during Telephonic Conference — Sufficiency of Notice Where Civil vs. Criminal Contempt Not Specified

From Ocean-Oil Expert Witness, Inc. v. O’Dwyer, 2011 U.S. App. LEXIS 20467 (5th Cir. Oct. 6, 2011): Ashton O'Dwyer, pro se, appeals a default judgment granted to Ocean-Oil Expert Witness, Inc. ("Ocean-Oil"), after his answer was stricken as a contempt sanction. Because the use of inherent power was appropriate in light of O'Dwyer's b ...
From Ocean-Oil Expert Witness, Inc. v. O’Dwyer, 2011 U.S. App. LEXIS 20467 (5th Cir. Oct. 6, 2011): Ashton O’Dwyer, pro se, appeals a default judgment granted to Ocean-Oil Expert Witness, Inc. (“Ocean-Oil”), after his answer was stricken as a contempt…
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Article III Standing As a Prerequisite to Intervention under Rule 24 — Circuit Split

From Am. Farm Bureau Fed’n v. U.S. Environmental Protection Agency, 2011 U.S. Dist. LEXIS 118233 (M.D. Pa. Oct. 13, 2011): Presently before the court are three motions for leave to intervene. The proposed intervenors seek leave to intervene in this action as party defendants as a matter of right under Federal Rule of Civil Procedure 2 ...
From Am. Farm Bureau Fed’n v. U.S. Environmental Protection Agency, 2011 U.S. Dist. LEXIS 118233 (M.D. Pa. Oct. 13, 2011): Presently before the court are three motions for leave to intervene. The proposed intervenors seek leave to intervene in this…
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Split as to Whether Magistrate Judge May Order § 1782 Discovery — Deposition and Documents May Be Compelled from Expert for Party to BIT Arbitration under § 1782

From In re Application of Rep. of Ecuador, 2010 U.S. Dist. LEXIS 143796 (N.D. Fla. Aug. 24, 2010): This is an application for an order pursuant to 28 U.S.C. § 1782(a) to issue a subpoena to Robert E. Hinchee, Ph.D., for a deposition and production of documents for use in a foreign proceeding, that is, Chevron Corporation and Texaco Pet ...
From In re Application of Rep. of Ecuador, 2010 U.S. Dist. LEXIS 143796 (N.D. Fla. Aug. 24, 2010): This is an application for an order pursuant to 28 U.S.C. § 1782(a) to issue a subpoena to Robert E. Hinchee, Ph.D.,…
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Offer to Settle Class Action for Value of Lead Plaintiff’s Claim after Class Certification Motion Filed Does Not Moot Action or Subsequent Action against Affiliate of First Defendant That Should Have Been Named in First Action

From Brodsky v. HumanaDental Ins. Co., 2011 U.S. Dist. LEXIS 117652 (N.D. Ill. Oct. 12, 2011 From July 2008 until December 2009, plaintiff Lawrence Brodsky ("Brodsky") pursued a class action lawsuit ("2008 Lawsuit") against Humana, Inc. ("Humana"), the parent company of HumanaDental Insurance Company ("Humana Dental"), alleging violatio ...
From Brodsky v. HumanaDental Ins. Co., 2011 U.S. Dist. LEXIS 117652 (N.D. Ill. Oct. 12, 2011 From July 2008 until December 2009, plaintiff Lawrence Brodsky (“Brodsky”) pursued a class action lawsuit (“2008 Lawsuit”) against Humana, Inc. (“Humana”), the parent company…
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Removal — Third Circuit Adopts Later-Served Defendant Rule — Circuit Split

From Delalla v. Hanover Ins., 2011 U.S. App. LEXIS 20651 (3d Cir. 2011): In order to remove a lawsuit filed in state court to a federal district court under the federal removal statute, 28 U.S.C. §§ 1441, 1446, a defendant must file a notice of removal within thirty days of the date on which the plaintiff serves "the defendant." Cour ...
From Delalla v. Hanover Ins., 2011 U.S. App. LEXIS 20651 (3d Cir. 2011): In order to remove a lawsuit filed in state court to a federal district court under the federal removal statute, 28 U.S.C. §§ 1441, 1446, a defendant…
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Rule 11 (or 9011) Sanctions — Misstatements or Omissions of “Litigation Facts” — Limits on Duty to Investigate

From In re Brent, 2011 Bankr. LEXIS 3668 (Bankr. N.D. Ill. Sept. 29, 2011): Timothy K. Liou is one of the most active consumer bankruptcy attorneys in this district, filing nearly 8,000 cases from mid-1996 to the present. More than once, though, Liou's efforts to get paid have drawn the court's attention and resulted in sanctions. Now he f ...
From In re Brent, 2011 Bankr. LEXIS 3668 (Bankr. N.D. Ill. Sept. 29, 2011): Timothy K. Liou is one of the most active consumer bankruptcy attorneys in this district, filing nearly 8,000 cases from mid-1996 to the present. More than…
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Arbitration — Circuit Split as to Whether Party Asserting Waiver of Right to Arbitrate Must Show Prejudice

From Erdman Co. v. Phoenix Land & Acquisition, LLC, 650 F.3d 1115 (8th Cir. 2011): [A]rty may waive its contractual right to arbitrate. See Lewallen, 487 F.3d at 1090. Although the issue of waiver arises under a variety of arbitration agreements and in a variety of procedural settings, we apply a uniform three-factor test in determi ...
From Erdman Co. v. Phoenix Land & Acquisition, LLC, 650 F.3d 1115 (8th Cir. 2011): [A]rty may waive its contractual right to arbitrate. See Lewallen, 487 F.3d at 1090. Although the issue of waiver arises under a variety of arbitration…
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Primary Jurisdiction — Factors — Stay vs. Dismissal of Federal Action Pending Agency Action — Duration

From All One God Faith, Inc. v. Hain Celestial Group, Inc., 2011 U.S. Dist. LEXIS 108269 (N.D. Cal. Sept. 20, 2011): A. Primary Jurisdiction Doctrine The primary jurisdiction doctrine allows the Court, "under appropriate circumstances, [to] determine that the initial decisionmaking responsibility should be performed by the relev ...
From All One God Faith, Inc. v. Hain Celestial Group, Inc., 2011 U.S. Dist. LEXIS 108269 (N.D. Cal. Sept. 20, 2011): A. Primary Jurisdiction Doctrine The primary jurisdiction doctrine allows the Court, “under appropriate circumstances, [to] determine that the initial…
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Recent Posts

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Rule 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

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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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