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

Appeals — Affirming on Alternate Grounds Supported by the Record vs. Not Considering Issues that the District Court Did Not Reach

From New Mexico St. Investment Council v. Ernst & Young LLP, 2011 U.S. App. LEXIS 7680 (9th Cir. April 14, 2011): [Footnote] 1. EY argues this Court can affirm "on any ground supported by the record, even if the district court did not rely on the ground." Livid Holdings, Ltd. v. Salomon Smith Barney, Inc., 416 F.3d 940, 950 (9th C ...
From New Mexico St. Investment Council v. Ernst & Young LLP, 2011 U.S. App. LEXIS 7680 (9th Cir. April 14, 2011): [Footnote] 1. EY argues this Court can affirm “on any ground supported by the record, even if the district…
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Neither State Action Doctrine Nor Implied Preemption Exemption to Antitrust Liability Apply to Actions/Regulatory Schemes of Foreign Nations

From In re Transpacific Passenger Air Transp. Antitrust Litig., 2011 U.S. Dist. LEXIS 49853 (N.D. Cal. May 9, 2011): This case involves allegations that 26 airlines engaged in a ten year international conspiracy to fix the prices of transpacific air passenger travel, in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 ...
From In re Transpacific Passenger Air Transp. Antitrust Litig., 2011 U.S. Dist. LEXIS 49853 (N.D. Cal. May 9, 2011): This case involves allegations that 26 airlines engaged in a ten year international conspiracy to fix the prices of transpacific air…
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Patents May Be Held Unenforceable as Spoliation Sanction — -Subjective Bad Faith for Inherent Power (Not “Should Have Known”) — Crime-Fraud Exception to Attorney-Client Privilege Due to Spoliation (= Obstruction)

From Micron Tech., Inc. v. Rambus Inc., 2011 U.S. App. LEXIS 9730 (Fed. Cir. May 13, 2011): Rambus Inc. ("Rambus") appeals the decision of the United States District Court for the District of Delaware holding that the twelve Rambus patents asserted against Micron Technology, Inc., Micron Electronics, Inc., and Micron Semiconductor Produ ...
From Micron Tech., Inc. v. Rambus Inc., 2011 U.S. App. LEXIS 9730 (Fed. Cir. May 13, 2011): Rambus Inc. (“Rambus”) appeals the decision of the United States District Court for the District of Delaware holding that the twelve Rambus patents…
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Filing of Complaint May Violate § 1927 — Circuit Split

From Schaefer Salt Recovery, Inc., 2011 Bankr. LEXIS 1778 (Bankr. D.N.J. Jan. 21, 2011): Sanctions may be properly awarded against Khoudary and SSR under ... § 1927, as the Chapter 7 petition was plainly filed for an improper purpose. The Chapter 7 case was filed only 37 days after the dismissal of SSR's Chapter 11 case. Khoudary and ...
From Schaefer Salt Recovery, Inc., 2011 Bankr. LEXIS 1778 (Bankr. D.N.J. Jan. 21, 2011): Sanctions may be properly awarded against Khoudary and SSR under … § 1927, as the Chapter 7 petition was plainly filed for an improper purpose. The…
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Notice of Appeal from Judgment Encompasses All Prior Rulings and Orders Where Appellant Does Not Designate Specific Determinations Only — Reference to One Order Does Not Preclude Appeal from Others

From Bentkowski v. Scene Magazine, 2011 U.S. App. LEXIS 7912 (6th Cir. April 19, 2011): Bentkowski claims that the district court abused its discretion by denying his motion for an extension of time to conduct discovery and by striking his first amended complaint as a sanction. Appellees claim that we lack jurisdiction over these ap ...
From Bentkowski v. Scene Magazine, 2011 U.S. App. LEXIS 7912 (6th Cir. April 19, 2011): Bentkowski claims that the district court abused its discretion by denying his motion for an extension of time to conduct discovery and by striking his…
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Sua Sponte Sanctions Under Rule 11 May Not Include an Award of Attorneys’ Fees to Opposing Counsel — Notice of Potential Rule 11 Sanctions ≠ Due Process Notice of Potential Inherent Power Sanctions

From Wright v. CompGeeks.com, 2011 U.S. App. LEXIS 9133 (10th Cir. May 4, 2011): “The relevant section of Rule 11 states that a ‘sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of par ...
From Wright v. CompGeeks.com, 2011 U.S. App. LEXIS 9133 (10th Cir. May 4, 2011): “The relevant section of Rule 11 states that a ‘sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on…
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Internet Evidence — Newspaper Articles Taken from Internet Sufficiently Authenticated by Distinctive Newspaper and Website Designs, Dates of Publication, Page Numbers, and Web Addresses

From Ciampi v. City of Palo Alto, 2011 U.S. Dist. LEXIS 50245 (N.D. Cal. May 11, 2011): ***Plaintiff has submitted a number of newspaper articles in support of his defamation claim.... Defendants object to these articles on grounds of relevance, hearsay, and lack of proper authentication. However, these articles are directly relevant to ...
From Ciampi v. City of Palo Alto, 2011 U.S. Dist. LEXIS 50245 (N.D. Cal. May 11, 2011): ***Plaintiff has submitted a number of newspaper articles in support of his defamation claim…. Defendants object to these articles on grounds of relevance,…
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Remittitur in Diversity Action is Governed by State Law — Expert with Training but No Practical Experience Still Qualified to Opine

From Mississippi Phosphates Corp. v. Analytic Stress Relieving, Inc., 402 Fed. Appx. 866 (5th Cir. 2010): A. Remittitur *** We review a denial of new trial or remittitur for abuse of discretion. Foradori v. Harris, 523 F.3d 477, 497-98 (2008). In Gasperini v. Center for Humanities, Inc., 518 U.S. 415, 116 S. Ct. 2211, 135 ...
From Mississippi Phosphates Corp. v. Analytic Stress Relieving, Inc., 402 Fed. Appx. 866 (5th Cir. 2010): A. Remittitur *** We review a denial of new trial or remittitur for abuse of discretion. Foradori v. Harris, 523 F.3d 477, 497-98 (2008).…
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Primary Jurisdiction — Limited to Cases of First Impression or “Particularly Complicated” Issue Committed by Congress to Agency — Not Designed for Court to Obtain Agency’s “Expert Advice”

From Robinson v. Midland Funding, LLC, 2011 U.S. Dist. LEXIS 40107 (April 13, 2011): The primary jurisdiction doctrine is applicable only if a claim "requires resolution of an issue of first impression, or of a particularly complicated issue that Congress has committed to a regulatory agency." Clark v. Time Warner Cable, 523 F. ...
From Robinson v. Midland Funding, LLC, 2011 U.S. Dist. LEXIS 40107 (April 13, 2011): The primary jurisdiction doctrine is applicable only if a claim “requires resolution of an issue of first impression, or of a particularly complicated issue that Congress…
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Alien Tort Statute (ATS / ATCA) Confers Jurisdiction for Torts Committed Both Inside and Outside of the United States — Case Law Split as to Torts Committed Inside U.S.

From Magnifico v. Villanueva, 2011 U.S. Dist. LEXIS 45509 (S.D. Fla. April 20, 2011): Plaintiffs, citizens of the Philippines, seek damages from the defendants based on allegations of forced labor and human trafficking in addition to violations of both federal and state fair labor laws for denial of overtime compensation and other commo ...
From Magnifico v. Villanueva, 2011 U.S. Dist. LEXIS 45509 (S.D. Fla. April 20, 2011): Plaintiffs, citizens of the Philippines, seek damages from the defendants based on allegations of forced labor and human trafficking in addition to violations of both federal…
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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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