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

Diversity Jurisdiction — Federal Credit Unions Normally Not a Citizen of Any State — Localized Operations Exception

From Mungo v. Minn. Life Ins. Co., 2011 U.S. Dist. LEXIS 67654 (D. S.C. June 22, 2011): As Mungo points out in her brief, Founders recently asserted to this court in a removal notice in an unrelated case that it is a citizen of South Carolina "for purposes of any diversity analysis." *** The citizenship of Founders was not relevant in th ...
From Mungo v. Minn. Life Ins. Co., 2011 U.S. Dist. LEXIS 67654 (D. S.C. June 22, 2011): As Mungo points out in her brief, Founders recently asserted to this court in a removal notice in an unrelated case that it…
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Attachment of Foreign State’s Property under the FSIA — Assets of Central Bank Held at Federal Reserve Bank of New York for Central Bank’s “Own Account” Are Immune from Attachment — Standing of Non-Party to Appeal

From NML Capital, Ltd. v. Banco Central de law Republica Argentina, 2011 U.S. App. LEXIS 13655 (2d Cir. July 5, 2011): The question presented is whether certain assets held in the United States in an account of interested non-party-appellant Banco Central de la República Argentina ("BCRA") at the Federal Reserve Bank of New York ("FRBN ...
From NML Capital, Ltd. v. Banco Central de law Republica Argentina, 2011 U.S. App. LEXIS 13655 (2d Cir. July 5, 2011): The question presented is whether certain assets held in the United States in an account of interested non-party-appellant Banco…
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Six Types of Changed Factual or Legal Circumstances Warranting Relief from a Consent Decree under Rule 60(b)(5)

From In re Consolidated “Non-Filing Ins.” Fee Litig., 2011 U.S. App. LEXIS 13046 (11th Cir. June 22, 2011): [T]he district court applied the test in Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992), and denied the motion to modify the consent decree because Security Finance had not met its burden. Rufo's two prong te ...
From In re Consolidated “Non-Filing Ins.” Fee Litig., 2011 U.S. App. LEXIS 13046 (11th Cir. June 22, 2011): [T]he district court applied the test in Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367 (1992), and denied the motion…
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RICO Statute of Limitations Accrues When Plaintiff Had Sufficient Information to Warrant an Investigation (Merck Unmentioned but Irrelevant)

From Daly v. Pearl Spirits, Inc., 2011 U.S. App. LEXIS 12587 (9th Cir. April 13, 2011): "The statute of limitations for civil RICO actions is four years." *** "The limitations period for civil RICO actions begins to run when a plaintiff knows or should know of the injury which is the basis for the action." Living Designs, Inc. v. E.I. D ...
From Daly v. Pearl Spirits, Inc., 2011 U.S. App. LEXIS 12587 (9th Cir. April 13, 2011): “The statute of limitations for civil RICO actions is four years.” *** “The limitations period for civil RICO actions begins to run when a…
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Federal Government Document Posted on County’s Website ≠ Admission under California Law — Is Inadmissible Hearsay

From Aikens v. County of Ventura, 2011 Cal. App. Unpub. LEXIS 4986 (Cal. App. June 30, 2011): Homeowners brought an action against local governmental entities for inverse condemnation, continuing public nuisance, and continuing dangerous condition of public property. The governmental entities are the County of Ventura (the County) and t ...
From Aikens v. County of Ventura, 2011 Cal. App. Unpub. LEXIS 4986 (Cal. App. June 30, 2011): Homeowners brought an action against local governmental entities for inverse condemnation, continuing public nuisance, and continuing dangerous condition of public property. The governmental…
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Recipient of Inadvertently-Produced, Privileged Document May Inquire into Non-Privileged Facts Learned Only from an Ethically Innocent Review of that Document

From Doca Co. v. Westinghouse Elec. Co., LLC, 2011 U.S. Dist. LEXIS 59352 (W.D. Pa. June 2, 2011): Plaintiff DOCA Company ... [i]s successor to Caldon Company (hereinafter referred to as "Caldon")*** A Caldon employee created a timeline designed to help counsel understand the background facts of the current lawsuit. This timeline ...
From Doca Co. v. Westinghouse Elec. Co., LLC, 2011 U.S. Dist. LEXIS 59352 (W.D. Pa. June 2, 2011): Plaintiff DOCA Company … [i]s successor to Caldon Company (hereinafter referred to as “Caldon”)*** A Caldon employee created a timeline designed to…
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Is an Abuse-of-Process or Malicious Prosecution Counterclaim Compulsory or Permissive in the Action That Is Allegedly Abusive? Case Law Split

From Walker v. THI of New Mexico at Hobbs Ctr., 2011 U.S. Dist. LEXIS 65287 (D. N.M. May 20, 2011): The authorities have split on the question whether an abuse-of-process counterclaim is a compulsory counterclaim in the action which is allegedly abusive. See Pochiro v. Prudential Ins. Co. of Am., 827 F.2d 1246, 1252 (9th Cir. 1987).
From Walker v. THI of New Mexico at Hobbs Ctr., 2011 U.S. Dist. LEXIS 65287 (D. N.M. May 20, 2011): The authorities have split on the question whether an abuse-of-process counterclaim is a compulsory counterclaim in the action which is…
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Response to Document Request Must Identify Which Previously-Produced Documents Are Responsive — Non-Specific = Evasive — When Failure to Timely Provide Privilege Log Effects Waiver of Privilege (Good Quote)

From USF Ins. Co. v. Smith’s Food & Drug Ctr., Inc., 2011 U.S. Dist. LEXIS 63926 (D. Nev. June 16, 2011): Smith's first response to Request Nos. 5, 6 and 9-25 consisted solely of a repeated boilerplate objection. Its supplemental responses to each of these requests likewise consisted of a substantially similar, repeated response:
From USF Ins. Co. v. Smith’s Food & Drug Ctr., Inc., 2011 U.S. Dist. LEXIS 63926 (D. Nev. June 16, 2011): Smith’s first response to Request Nos. 5, 6 and 9-25 consisted solely of a repeated boilerplate objection. Its supplemental…
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Inherent Power Sanction of Dismissal Appropriate for Refusing to Respect the Dignity of the Court

From Koehl v. Greene, 2011 U.S. App. LEXIS 12345 (2d Cir. June 16, 2011): The district court "has the inherent power to supervise and control its own proceedings and to sanction . . . a litigant for bad-faith conduct or for disobeying the court's orders." Mickle v. Morin, 297 F.3d 114, 125 (2d Cir. 2002). Among the sanctions available t ...
From Koehl v. Greene, 2011 U.S. App. LEXIS 12345 (2d Cir. June 16, 2011): The district court “has the inherent power to supervise and control its own proceedings and to sanction . . . a litigant for bad-faith conduct or…
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Recent Posts

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

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)

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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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