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

Derivative Action Predicated on Failure to Prevent Corporate Liability under False Claims Act Is Removable under Grable Even If False Claims Act Liability Is Separately Being Adjudicated in another Federal Action

From Prince v. Berg, 2011 U.S. Dist. LEXIS 1071 (N.D. Cal. Jan. 3, 2011): This shareholders derivative action was filed in San Mateo Superior Court and was removed here by defendants, based on their contention that the claims arise under federal law. The complaint alleges that nominal defendant Oracle Corporation engaged in a scheme ove ...
From Prince v. Berg, 2011 U.S. Dist. LEXIS 1071 (N.D. Cal. Jan. 3, 2011): This shareholders derivative action was filed in San Mateo Superior Court and was removed here by defendants, based on their contention that the claims arise under…
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In Adjudicating a Mixed Goods and Services Contract, or a Contract that Involves the Sale of Goods as Well as Real Estate, Court Applies the Predominant Purpose Test to Determine whether Contract Is Subject to UCC

From Cranpark, Inc., v. Rogers Group, Inc., 721 F. Supp. 2d 613 (N.D. Ohio 2010): The case at bar appears to offer an issue of first impression: when a contract involves the sale of goods, as well as a real estate term, and the goods have no prior relationship to the real estate (e.g., as a fixture, as a mineral, or as a crop) d ...
From Cranpark, Inc., v. Rogers Group, Inc., 721 F. Supp. 2d 613 (N.D. Ohio 2010): The case at bar appears to offer an issue of first impression: when a contract involves the sale of goods, as well as a real…
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Court-Appointed Receiver Entitled to Absolute Judicial Immunity — Duties “Functionally Comparable to Those of Judges”

From Ramirez v. Pasternak, 2011 U.S. App. LEXIS 443 (9th Cir. Jan. 7, 2011): *** Pasternak was entitled to absolute quasi-judicial immunity for actions undertaken in his capacity as receiver that were "functionally comparable to those of judges." Curry v. Castillo (In re Castillo), 297 F.3d 940, 947 (9th Cir. 2002); see als ...
From Ramirez v. Pasternak, 2011 U.S. App. LEXIS 443 (9th Cir. Jan. 7, 2011): *** Pasternak was entitled to absolute quasi-judicial immunity for actions undertaken in his capacity as receiver that were “functionally comparable to those of judges.” Curry v.…
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$3.4 Million Inherent Power Sanction Upheld by Eleventh Circuit — Covering Not only Attorneys’ Fees but also an Incidental Settlement and Costs in Defeating a Third Party’s Motion All Due to Bad Faith Conduct

From Wachovia Bank v. Tien, 2010 U.S. App. LEXIS 26089 (11th Cir. Dec. 22, 2010): Henry Tien appeals pro se from the partial final judgment in an interpleader action, 28 U.S.C. § 1335, which imposed on him approximately $3.4 million in sanctions. He claims that the district court abused its discretion in exercising its inherent power t ...
From Wachovia Bank v. Tien, 2010 U.S. App. LEXIS 26089 (11th Cir. Dec. 22, 2010): Henry Tien appeals pro se from the partial final judgment in an interpleader action, 28 U.S.C. § 1335, which imposed on him approximately $3.4 million…
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Authentication of Google Earth — MapQuest / Computer Satellite Imaging System / Computer-Generated Map

From Commonwealth v. Suarez-Irizzary, 2010 Pa. Dist. & Cnty. Dec. LEXIS 380 (Ct. Com. Pl. Aug. 6, 2010): As technology increases, the law must keep pace. When maps were first created, they represented a cartographer's "best estimate" of where things were located. Since then, measuring wheels, odometers, airplane photography and now global ...
From Commonwealth v. Suarez-Irizzary, 2010 Pa. Dist. & Cnty. Dec. LEXIS 380 (Ct. Com. Pl. Aug. 6, 2010): As technology increases, the law must keep pace. When maps were first created, they represented a cartographer’s “best estimate” of where things…
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Factors to Determine Whether an Economic Entity Is Entitled to Tribal Sovereign Immunity

From Breakthrough Management Group, Inc. v. Chukchansi Gold Casino And Resort, 2010 U.S. App. LEXIS 26210 (10th Cir. Dec. 27, 2010): At this time there is no need to define the precise boundaries of the appropriate test to determine if a tribe's economic entity qualifies as a subordinate economic entity entitled to share in a t ...
From Breakthrough Management Group, Inc. v. Chukchansi Gold Casino And Resort, 2010 U.S. App. LEXIS 26210 (10th Cir. Dec. 27, 2010): At this time there is no need to define the precise boundaries of the appropriate test to determine if…
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RICO — Investor’s Claim Arising out of Illegal Tax Shelter Not Barred by PSLRA, but Proximate Cause Lacking Because the Government was the Directly Injured Party and Did, in Fact, Sue

From Rezner v. Bayeriusche Hypo-Und Vereinsbank, AG, 2010 U.S. App. LEXIS 26272 (9th Cir. Dec. 28, 2010): It is undisputed that John Rezner participated in a financial transaction called Custom Adjustable Rate Debt Structure ("CARDS"), designed to avoid the payment of federal income taxes.*** CARDS loan transactions are designed to gene ...
From Rezner v. Bayeriusche Hypo-Und Vereinsbank, AG, 2010 U.S. App. LEXIS 26272 (9th Cir. Dec. 28, 2010): It is undisputed that John Rezner participated in a financial transaction called Custom Adjustable Rate Debt Structure (“CARDS”), designed to avoid the payment…
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Does Inherent Power Extend to Non-Parties Who Have Not Violated a Court Order? No Sanctions Imposed on Court-Appointed Monitor Who Engaged in Improper Communications with the Principal of a Party

From U.S. v. City of Detroit, 2010 U.S. Dist. LEXIS 134852 (E.D. Mich. Dec. 21, 2010): This civil rights action — now in its seventh year — involves an ongoing effort to enforce and implement two Consent Judgments that were agreed upon by the City of Detroit ("City") and the Department of Justice ("DOJ"). These Consent Judgments aros ...
From U.S. v. City of Detroit, 2010 U.S. Dist. LEXIS 134852 (E.D. Mich. Dec. 21, 2010): This civil rights action — now in its seventh year — involves an ongoing effort to enforce and implement two Consent Judgments that were…
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Spoliation Rule?

Today, I attended and moderated a panel at a meeting of the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference. The topic under discussion was a preservation (i.e., spoliation) rule for inclusion in the Federal Rules of Civil Procedure. Judge Mark Kravitz (D. Conn.), Chair of the Advisory Committee on the Federal Rules o ...
Today, I attended and moderated a panel at a meeting of the Standing Committee on Rules of Practice and Procedure of the United States Judicial Conference. The topic under discussion was a preservation (i.e., spoliation) rule for inclusion in the…
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Court’s Simple Observation that Counsel Has Engaged in Conduct Violative of Rule 11, without More, Does Not Constitute a Sanction and Does Not Require Prior Notice

From M.B. v. Eastern Regional High School Dist., 386 Fed. Appx. 186 (3d Cir. 2010): M.G. claims the District Court erred by sanctioning Epstein without first providing him with notice and a reasonable opportunity to respond. See Fed. R. Civ. P. 11(c)(1). But the District Court did not impose Rule 11 sanctions on Epstein. Rather, the Cou ...
From M.B. v. Eastern Regional High School Dist., 386 Fed. Appx. 186 (3d Cir. 2010): M.G. claims the District Court erred by sanctioning Epstein without first providing him with notice and a reasonable opportunity to respond. See Fed. R. Civ.…
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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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