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

Elements of Constitutional Standing

From Advanced Oral Techs. V. Nutres Research, Inc., 2011 U.S. Dist. LEXIS 5266 (D.N.J. Jan. 20, 2011): "Constitutional standing has three elements, all of which must be met: (1) the plaintiff must have suffered an injury in fact; (2) there must be a causal nexus between that injury and the conduct complained of; and (3) it must be l ...
From Advanced Oral Techs. V. Nutres Research, Inc., 2011 U.S. Dist. LEXIS 5266 (D.N.J. Jan. 20, 2011): “Constitutional standing has three elements, all of which must be met: (1) the plaintiff must have suffered an injury in fact; (2) there…
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FOIA — Metadata Is Part of a Public Record as Defined in FOIA

From Nat’l Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, 2011 U.S. Dist. LEXIS 11655 (S.D.N.Y. Feb. 7, 2011): No federal court has yet recognized that metadata is part of a public record as defined in FOIA. However, this precise issue has been addressed by several state courts, which have unifo ...
From Nat’l Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, 2011 U.S. Dist. LEXIS 11655 (S.D.N.Y. Feb. 7, 2011): No federal court has yet recognized that metadata is part of a public record as defined in FOIA.…
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Dismissal with Prejudice Appropriate for Failure to Plead Properly after “Repeated Opportunities” — No Right to Amend If Failure to Particularize Has Been Called to Plaintiff’s Attention but Not Cured

From Destfino v. Reiswig, 2011 U.S. App. LEXIS 1375 (9th Cir. Jan. 21, 2011): The district court's "decision to dismiss the [second] amended complaint with prejudice was appropriate in light of [plaintiffs'] repeated failure to cure the deficiencies in [their] pleadings." *** It is well-established that a court may dismis ...
From Destfino v. Reiswig, 2011 U.S. App. LEXIS 1375 (9th Cir. Jan. 21, 2011): The district court’s “decision to dismiss the [second] amended complaint with prejudice was appropriate in light of [plaintiffs’] repeated failure to cure the deficiencies in [their]…
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Primary Jurisdiction — Applicaion

From Chavez v. Nestle USA, Inc., 2011 U.S. Dist. LEXIS 9773 (C.D. Cal. Jan. 10, 2011): [T]he doctrine of primary jurisdiction is to be invoked "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,' [citation], and if 'prot ...
From Chavez v. Nestle USA, Inc., 2011 U.S. Dist. LEXIS 9773 (C.D. Cal. Jan. 10, 2011): [T]he doctrine of primary jurisdiction is to be invoked “only if a claim ‘requires resolution of an issue of first impression, or of a…
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Law Firm Is Not Sufficiently Distinct from 3 of Its Partners to Constitute RICO Enterprise — Firm’s Activities Limited to Conducting Customary Legal Business

From Thomas v. Thompson, 2011 U.S. Dist. LEXIS 5600 (N.D. Miss. Jan. 20, 2011): The enterprise must be "an entity separate and apart from the pattern of activity in which it engages." *** "Moreover, plaintiffs must plead specific facts, not mere conclusory allegations, which establish the enterprise." *** Plaintiff described the ...
From Thomas v. Thompson, 2011 U.S. Dist. LEXIS 5600 (N.D. Miss. Jan. 20, 2011): The enterprise must be “an entity separate and apart from the pattern of activity in which it engages.” *** “Moreover, plaintiffs must plead specific facts, not…
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Failure to Prosecute under Rule 41(b) — Five Factors

From Katina v. Mortgage Elec. Registration Sys., 2011 U.S. Dist. LEXIS 4594 (E.D. Cal. Jan. 18, 2011): A court must weigh five factors in determining whether to dismiss a case for failure to prosecute, failure to comply with a court order, or failure to comply with a district court's local rules. *** Specifically, the court must conside ...
From Katina v. Mortgage Elec. Registration Sys., 2011 U.S. Dist. LEXIS 4594 (E.D. Cal. Jan. 18, 2011): A court must weigh five factors in determining whether to dismiss a case for failure to prosecute, failure to comply with a court…
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Statement Made in Mediation Admitting Liability for Wrong That Is Unrelated to the Subject of the Mediation Is Not Excluded by Fed.R.Evid. 408 or the Federal Alternative Dispute Resolution Act

From Deluca v. Allied Domecq Quick Serv. Restaurants, 03CV5142(JFB)(AKT), 2006 WL 2713944 (E.D.N.Y. Sept. 22, 2006): Defendant argued in support of its motion in limine that Fed.R.Civ.P. 408 and the ADRA [28 U.S.C. §§ 651-668] protect communications such as the one at issue here [an alleged admission of a tortious act separate and apar ...
From Deluca v. Allied Domecq Quick Serv. Restaurants, 03CV5142(JFB)(AKT), 2006 WL 2713944 (E.D.N.Y. Sept. 22, 2006): Defendant argued in support of its motion in limine that Fed.R.Civ.P. 408 and the ADRA [28 U.S.C. §§ 651-668] protect communications such as the…
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Burford Abstention — General Principles — Good Quotes (Anti-Abstention)

From Chico Serv. Station, Inc. v. SOL Puerto Rico Ltd., 2011 U.S. App. LEXIS 1568 (1st Cir. Jan. 26, 2011): A. Burford Abstention 1. General Principles Abstention occupies an uneasy position in the jurisprudence of federal court jurisdiction. As the common refrain goes, "federal courts have a ' ...
From Chico Serv. Station, Inc. v. SOL Puerto Rico Ltd., 2011 U.S. App. LEXIS 1568 (1st Cir. Jan. 26, 2011): A. Burford Abstention 1. General Principles Abstention occupies an uneasy position in the jurisprudence of federal court jurisdiction. As the…
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Putative Class Representative Lacks Standing to Appeal Denial of Motion to Add New Plaintiff Who Would Have Standing to Bring Certain Claim — Only Prospective New Plaintiff Has Standing

From Thomas v. Metropolitan Life Ins. Co., 2011 U.S. App. LEXIS 2024 (10th Cir. Feb. 2, 2011): Plaintiffs-Appellants Robert and Amanda Thomas appeal from the district court's grant of summary judgment in favor of Defendants-Appellees Metropolitan Life Insurance Companies, Inc. and Metlife Securities, Inc. (sometimes collectively referred ...
From Thomas v. Metropolitan Life Ins. Co., 2011 U.S. App. LEXIS 2024 (10th Cir. Feb. 2, 2011): Plaintiffs-Appellants Robert and Amanda Thomas appeal from the district court’s grant of summary judgment in favor of Defendants-Appellees Metropolitan Life Insurance Companies, Inc.…
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FRAP 38 Sanctions — Standards (Third Circuit) — Court Exercises Caution to Avoid Chilling Novel Theories

From Premier Pork, LLC. V. Westin Packaged Meats, Inc., 2011 U.S. App. LEXIS 1262 (3d Cir. Jan. 19, 2011): Federal Rule of Appellate Procedure 38 authorizes us to sanction an appellant who files a frivolous appeal by "award[ing] just damages and single or double costs to the appellee." Such damages are awarded in the case of a frivolous ...
From Premier Pork, LLC. V. Westin Packaged Meats, Inc., 2011 U.S. App. LEXIS 1262 (3d Cir. Jan. 19, 2011): Federal Rule of Appellate Procedure 38 authorizes us to sanction an appellant who files a frivolous appeal by “award[ing] just damages…
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Recent Posts

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)

FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

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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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