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

Removal: Motion to Dismiss May Serve as Consent — Reliance on Co-Defendants’ Brief May Suffice — Defect in Consent Curable within 30 Days of Filing It

Christiansen v. West Branch Community School Dist., 2011 U.S. Dist. LEXIS 32621 (N.D. Iowa Mar. 28, 2011): On September 17, 2010, Plaintiff filed a Petition at Law ("Complaint")*** in the Iowa District Court for Cedar County***. On September 20, 2010, Plaintiff filed an Amended Petition at Law ("Amended Complaint")***. On October ...
Christiansen v. West Branch Community School Dist., 2011 U.S. Dist. LEXIS 32621 (N.D. Iowa Mar. 28, 2011): On September 17, 2010, Plaintiff filed a Petition at Law (“Complaint”)*** in the Iowa District Court for Cedar County***. On September 20, 2010,…
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Rule 11 Does Not Confer a Cause of Action — Successive Complaints Stating Previously-Rejected Legal Theories = Harassment

From Corrigan v. Pflanz, 2011 U.S. App. LEXIS 5564 (9th Cir. Mar. 8, 2011): In these consolidated appeals, John L. Corrigan appeals pro se from the district court's judgment dismissing his action alleging that defendants abused Federal Rule of Civil Procedure 11 in two prior actions. *** The district court properly dismissed Corr ...
From Corrigan v. Pflanz, 2011 U.S. App. LEXIS 5564 (9th Cir. Mar. 8, 2011): In these consolidated appeals, John L. Corrigan appeals pro se from the district court’s judgment dismissing his action alleging that defendants abused Federal Rule of Civil…
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RICO Enterprise Not Stated by Rimless Hub-and-Spoke Configuration Where Members of the Alleged Association-in-Fact Enterprise Have No Relationships with One Another

From Mega Concrete, Inc. v. Smith, 2011 U.S. Dist. LEXIS 30789 (E.D. Pa. Mar. 23, 2011): Plaintiffs Mega Concrete, Inc., Mega Sitework, LLC, and Capponi Enterprises, Inc., filed suit against two former employees, Michael Smith and Kimberly Lawson, as well as six individual defendants and six corporate defendants, who they allege conspired ...
From Mega Concrete, Inc. v. Smith, 2011 U.S. Dist. LEXIS 30789 (E.D. Pa. Mar. 23, 2011): Plaintiffs Mega Concrete, Inc., Mega Sitework, LLC, and Capponi Enterprises, Inc., filed suit against two former employees, Michael Smith and Kimberly Lawson, as well…
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The Lawsuit Abuse Reduction Act of 2011

Download associated files: HR 966 Lawsuit Abuse Reduction Act of 2011.pdf, Rule 11 as Proposed to be Amended by LARA.pdf  Legislation has been introduced in Congress to reinstate, i ...
Download associated files: HR 966 Lawsuit Abuse Reduction Act of 2011.pdf, Rule 11 as Proposed to be Amended by LARA.pdf  Legislation has been introduced in Congress to reinstate, in a more aggressive form, the 1983 version of Federal…
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In Determining Arbitrability, Court Focuses on Factual Allegations of Complaint, Not Legal Claims

From E.S. Originals Inc. v. Totes Isotoner Corp., 734 F. Supp. 2d 523 (S.D.N.Y. 2010): "Because the arbitration clause is narrow, the next question is 'whether the dispute is over an issue that is on its face within the purview of the clause, or over some collateral issue that is somehow connected to the main agreement that contains ...
From E.S. Originals Inc. v. Totes Isotoner Corp., 734 F. Supp. 2d 523 (S.D.N.Y. 2010): “Because the arbitration clause is narrow, the next question is ‘whether the dispute is over an issue that is on its face within the purview…
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Connecticut Would Not Recognize Fiduciary Duty to Creditors when Corporation Is in Zone of Insolvency — Would Follow Lead of Delaware Supreme Court and S.D.N.Y.

From Master-Halco, Inc. v. Scillia, Dowling & Natarelli, LLC, 2010 U.S. Dist. LEXIS 142036 (D. Conn. April 5, 2010): The Court agrees with Defendants that Connecticut courts have not recognized a cause of action for breach of fiduciary duty on behalf of creditors against officers and directors of a debtor that is in the zone of insolvenc ...
From Master-Halco, Inc. v. Scillia, Dowling & Natarelli, LLC, 2010 U.S. Dist. LEXIS 142036 (D. Conn. April 5, 2010): The Court agrees with Defendants that Connecticut courts have not recognized a cause of action for breach of fiduciary duty on…
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Appeal under FAA of Denial of Motion to Compel Arbitration Stays All Proceedings in District Court — No Reason to Order Preservation Already Required by Law (Good Quote)

From Lawson v. Life of the South Ins. Co., 738 F. Supp. 2d 1376 (M.D. Ga. 2010): Citing Blinco v. Green Tree Servicing, LLC, 366 F.3d 1249, 1251 (11th Cir. 2004), and Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1366-69 (11th Cir. 1997), Defendant opposes Plaintiffs' Motion to Preserve..., moving this Court on two independent grounds t ...
From Lawson v. Life of the South Ins. Co., 738 F. Supp. 2d 1376 (M.D. Ga. 2010): Citing Blinco v. Green Tree Servicing, LLC, 366 F.3d 1249, 1251 (11th Cir. 2004), and Chudasama v. Mazda Motor Corp., 123 F.3d 1353,…
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Court Has Federal Question Jurisdiction to Entertain Applications for Discovery in Foreign Proceedings by Virtue of 28 U.S.C. § 1782 — Neither Diversity nor Independent Federal Question Jurisdiction Required

From Rusal v. Trafigura, A.G., 2011 U.S. Dist. LEXIS 26897 (D. Conn. Mar. 16, 2011): United Company Rusal, PLC and United Company Rusal Investment Management, LLC (collectively "Rusal") filed an emergency order to permit discovery for use in aid of foreign litigation pursuant to 28 U.S.C. §1782. 1 Trafigura A.G. ("Trafigura"), the part ...
From Rusal v. Trafigura, A.G., 2011 U.S. Dist. LEXIS 26897 (D. Conn. Mar. 16, 2011): United Company Rusal, PLC and United Company Rusal Investment Management, LLC (collectively “Rusal”) filed an emergency order to permit discovery for use in aid of…
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FSIA Does Not Abrogate Court’s Inherent Power to Impose Contempt Sanctions on Foreign Sovereign (Circuit Split) — Enforcement May Be Another Matter — Views of U.S. Government on FSIA Entitled to No Deference

From FG Hemisphere Assocs., LLC v. Democratic Republic of Congo, 2011 U.S. App. LEXIS 5012 (D.C. Cir. Mar. 15, 2011): This case, once pared down, is really less than meets the eye. To be sure, we encounter for the first time a contempt sanction imposed on a foreign sovereign in a proceeding brought under the Foreign Sovereign Immunities ...
From FG Hemisphere Assocs., LLC v. Democratic Republic of Congo, 2011 U.S. App. LEXIS 5012 (D.C. Cir. Mar. 15, 2011): This case, once pared down, is really less than meets the eye. To be sure, we encounter for the first…
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Striking of Answer, Dismissal of Counterclaims and Entry of Default Judgment as Sanction for Destruction of Electronically-Stored Information, Disregard of Court Orders, and Fraud on the Court — Good Quote

From Philips Elecs. N. Am. V. BC Technical, 2010 U.S. Dist. LEXIS 141472 (D. Utah July 27, 2010): BCT's behavior as it relates to the five laptops at issue has interfered with the judicial process in several ways. BCT destroyed a massive number of documents and disobeyed two direct court orders. In response to Philips' assertions that t ...
From Philips Elecs. N. Am. V. BC Technical, 2010 U.S. Dist. LEXIS 141472 (D. Utah July 27, 2010): BCT’s behavior as it relates to the five laptops at issue has interfered with the judicial process in several ways. BCT destroyed…
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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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