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

Mere Lack of Merit Not Enough – R. 11 Not Substitute for 12(b)(6)/56 — Court Needs Evidence Outside Complaint to Determine Factual Baselessness — Failure of Complaint to Put Defendant on Notice Not R 11 Violation — Forum Shopping/Improper Venue Not Enough for Dismissal, Just $

 James v. Caterpillar, Inc., 2020 U.S. App. LEXIS 26593 (6th Cir. Aug. 20, 2020) (unpublished): ...
 James v. Caterpillar, Inc., 2020 U.S. App. LEXIS 26593 (6th Cir. Aug. 20, 2020) (unpublished): Courts typically reserve the “death penalty” sanction of dismissal with prejudice for the most egregious cases—those that involve, for example, willful misconduct, bad faith, fraud, …
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R 37/Inherent Power (IHP): Decision Not to Sanction Reviewed for Abuse of Discretion — Clear and Convincing Evid for IHP — Rules 26/37 Primary Tools for Discovery Abuse, Not IHP — Fraud on Court: Judge May Leave Credibility Issue to Jury, Deny Sanction

 Yukos Capital S.A.R.L. v. Feldman, 2020 U.S. App. LEXIS 31909, 2020 WL 5948910 (2d Cir. Oct. 8, 2020):*1
 Yukos Capital S.A.R.L. v. Feldman, 2020 U.S. App. LEXIS 31909, 2020 WL 5948910 (2d Cir. Oct. 8, 2020):*1 This is a case about a disloyal employee, Daniel Feldman, the Defendant.1 After trial, a jury found that Feldman…
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“Summary Judgment Is the Put Up or Shut Up Moment in a Lawsuit”

In re Delta Phones, Inc., 2005 WL 3542667 (N.D. Ill. Dec. 23, 2005): Summary judgment is the “put up or shut up moment in a lawsuit, when a party must show what evidence it has that would convince a trier of fact to accept its version of events.” ...
In re Delta Phones, Inc., 2005 WL 3542667 (N.D. Ill. Dec. 23, 2005): Summary judgment is the “put up or shut up moment in a lawsuit, when a party must show what evidence it has that would convince a…
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R. 11 Sanctions: Dismissal with Prejudice and Attorney’s Fees for Pro Ses’ Persisting in Frivolous Venue and Service Arguments Despite Warnings from Court — No Protection from 41(b)

 Khan v. Hemosphere Inc., 2020 U.S. App. LEXIS 25726 (Fed. Cir. Aug. 13, 2020): These appeals arise from an action for patent infringement. Drs. Nazir Khan and Iftikhar Khan accused Hemosphere Inc., ...
Khan v. Hemosphere Inc., 2020 U.S. App. LEXIS 25726 (Fed. Cir. Aug. 13, 2020): These appeals arise from an action for patent infringement. Drs. Nazir Khan and Iftikhar Khan accused Hemosphere Inc., CryoLife Inc., and Merit Medical Systems, Inc., along …
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R. 37 & Inherent Power (IHP) Sanctions: Permissive Adverse Inference OK Not Disclosing Witness After Reliance on Wit. Required (26(a)(1), (e)) —Plain Error Rare in Civil Case — IHP: Narrow Exception to Bad Faith Requirement

 Higgs v. Costa Crociere S.P.A. Co., 2020 U.S. App. LEXIS 25793 (11th Cir. Aug. 14, 2020): On Christmas Eve, 2014, Joyce Higgs tripped over a bucket in a dining area of the cruise ship Costa Lumi ...
Higgs v. Costa Crociere S.P.A. Co., 2020 U.S. App. LEXIS 25793 (11th Cir. Aug. 14, 2020): On Christmas Eve, 2014, Joyce Higgs tripped over a bucket in a dining area of the cruise ship Costa Luminosa and sustained serious injuries …
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Rule 37 Sanctions: Until Amount of Attorney’s Fees Is Set, No Final Order Or Appellate Jurisdiction Exists, Even If Fee Award Is Only One Part of Larger Award, Including Default Judgment and Dismissal of Counterclaims

 People for the Ethical Treatment of Animals, Inc. v. Dade City's Wild Things, Inc., 2020 U.S. App. LEXIS 26042 (11th Cir. Aug. 17, 2020): BY THE COURT: The People for the Ethical Treatment of Ani ...
People for the Ethical Treatment of Animals, Inc. v. Dade City's Wild Things, Inc., 2020 U.S. App. LEXIS 26042 (11th Cir. Aug. 17, 2020): BY THE COURT: The People for the Ethical Treatment of Animals, Inc.'s ("PETA") motion to dismiss…
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Common Core Doctrine: Fees Awardable for Claims Involving Common Facts Or Related Legal Theories, Even If Only One Triggers Fee-Shifting — Noncompliance with Bankruptcy Court Order Sanctionable via Striking Pleading on Analogy to Rule 37(b)

Ridgeway v. Stryker Corp. (Matter of Ridgeway), 2020 WL 5226553 (5th Cir. Sept. 2, 2020): *1 For the last seven years, Christopher Martin Ridgeway and his former employer have waged scorched-earth lawfare against one another. Ridgeway has lost every battle and incurred millions of dollars in damages, sanctio ...
Ridgeway v. Stryker Corp. (Matter of Ridgeway), 2020 WL 5226553 (5th Cir. Sept. 2, 2020): *1 For the last seven years, Christopher Martin Ridgeway and his former employer have waged scorched-earth lawfare against one another. Ridgeway has lost every battle…
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R. 11 Sanctions: Due Process—Flexible Notice, Substantial Compliance — OK to Issue OSC in 1 of 15 Cases & Dismiss All — Prisoner’s Knowledge of Own Conduct = Notice — Order Must State Specific Basis of Sxs — Types of Vexatious Lit Injn

Cobble v. U.S. Government, 816 Fed.Appx. 355 (11th Cir. 2020) (unpublished): PER CURIAM: In these consolidated appeals, Petitioner/Appellant Daniel Cobble1 (“Cobble”) appeals the district court’s order dismissing with prejudice, as a sanction, his pro se a ...
Cobble v. U.S. Government, 816 Fed.Appx. 355 (11th Cir. 2020) (unpublished): PER CURIAM: In these consolidated appeals, Petitioner/Appellant Daniel Cobble1 (“Cobble”) appeals the district court’s order dismissing with prejudice, as a sanction, his pro se actions, filed pursuant to…
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Inherent Power/Rules 26, 37: Even Absent Spoliation, Evasive Discovery Action Punishable by Fee Award Calibrated Per Goodyear v. Haeger & Denial of 54(b) Costs — History, Importance of Jury Trial

Edwards v. 4JLJ, LLC, 2020 WL 5229686 (5th Cir. Sept. 2, 2020): *1 4JLJ, LLC provides oil well pump and frack services. A group of its employees sued 4JLJ under the Fair Labor Standards Act, alleging that 4JLJ violated the FLSA’s overtime wage mandates. 4JLJ paid the Employees two different types of bonuses—a stag ...
Edwards v. 4JLJ, LLC, 2020 WL 5229686 (5th Cir. Sept. 2, 2020): *1 4JLJ, LLC provides oil well pump and frack services. A group of its employees sued 4JLJ under the Fair Labor Standards Act, alleging that 4JLJ violated the…
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Electronic Spoliation: Inherent Power—Fraud on Court Requires Clear & Convincing Evidence — Factors — Dismissal Requires Willfulness, Consideration of Less Drastic Sanctions — [No Reference to 37(e), Which Governs]

ComLab Corp. v. Tire, 815 Fed.Appx. 597 (2d Cir. 2020) (unpublished): SUMMARY ORDER Plaintiff-Appellant ComLab, Corp. (“ComLab”) brings this consolidated appeal challenging two judgments of the United States District Court for the Southern District of New York. The first appeal concerns a September 11, ...
ComLab Corp. v. Tire, 815 Fed.Appx. 597 (2d Cir. 2020) (unpublished): SUMMARY ORDER Plaintiff-Appellant ComLab, Corp. (“ComLab”) brings this consolidated appeal challenging two judgments of the United States District Court for the Southern District of New York. The first appeal…
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Recent Posts

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

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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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