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

RICO: Economic “Extortion” under the Hobbs Act

From Rennell v. R. E. Fund Mgmt. Grp., LLC, 2011 U.S. App. LEXIS 6054 (7th Cir. Mar. 25, 2011): Distinguishing between hard bargaining and extortion can be difficult. See, e.g., Stuart P. Green, Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime ch. 17 (2006). But the Supreme Court's decision in United States v. Enmons ...
From Rennell v. R. E. Fund Mgmt. Grp., LLC, 2011 U.S. App. LEXIS 6054 (7th Cir. Mar. 25, 2011): Distinguishing between hard bargaining and extortion can be difficult. See, e.g., Stuart P. Green, Lying, Cheating, and Stealing: A Moral Theory…
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Journalist’s Privilege — Differing Levels of Protection for Confidential and Nonconfidential Information — Second Circuit Declines to Resolve Whether Privilege Derives from First Amendment

From United States v. Treacy, 2011 U.S. App. LEXIS 4623 (2d Cir. Mar. 9, 2011): It is settled law in this Circuit, at least in the civil context, that a journalist possesses a qualified privilege protecting him or her from the compelled disclosure of even nonconfidential materials. See Chevron Corp. v. Berlinger, 629 F.3d 297, 306-07 (2 ...
From United States v. Treacy, 2011 U.S. App. LEXIS 4623 (2d Cir. Mar. 9, 2011): It is settled law in this Circuit, at least in the civil context, that a journalist possesses a qualified privilege protecting him or her from…
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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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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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