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

Relaxed Timeliness Requirements for Rule 11 Motions under the PSLRA

From In re Star Gas Secs. Litig., 2010 U.S. Dist. LEXIS 103475 (D. Conn. Sept. 30, 2010): Plaintiffs contend that Defendants' motion was untimely filed on April 3, 2007, because judgment entered against Plaintiffs on August 23, 2006. Although PSLRA Section 78u-4(c), which mandates that a court conduct a inquiry under Rule 11(b) "upon fina ...
From In re Star Gas Secs. Litig., 2010 U.S. Dist. LEXIS 103475 (D. Conn. Sept. 30, 2010): Plaintiffs contend that Defendants’ motion was untimely filed on April 3, 2007, because judgment entered against Plaintiffs on August 23, 2006. Although PSLRA…
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May a Federal Court Enter Summary Judgment on an Issue That Is Less Than a Full “Claim”? — Caselaw Split as to Meaning of “Claim”

Hamblin v. British Airways PLC, 2010 U.S. Dist. LEXIS 67401 (E.D.N.Y. June 15, 2010): Some courts have limited the availability of summary judgment motions to foreclosure of specific claims, not remedies. For example, in In re Methyl Tertiary Butyl Ether Prods. Liab. Litig., 517 F. Supp. 2d 662, 666 (S.D.N.Y. 2007) ("MTBE"), ...
Hamblin v. British Airways PLC, 2010 U.S. Dist. LEXIS 67401 (E.D.N.Y. June 15, 2010): Some courts have limited the availability of summary judgment motions to foreclosure of specific claims, not remedies. For example, in In re Methyl Tertiary Butyl Ether…
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Prelitigation Email from Counsel Admissible against Client as Admission

From Cleveland Regional Med. Ctr., LP v. Celtic Props., L.C., 2010 Tex. App. LEXIS 7942 (Tex. App. Sept. 30, 2010): In issue three, appellants assert that the trial court erred by improperly excluding an alleged admission by Celtic that the Master Lease was in "full force and effect." Specifically, appellants argue that the trial court er ...
From Cleveland Regional Med. Ctr., LP v. Celtic Props., L.C., 2010 Tex. App. LEXIS 7942 (Tex. App. Sept. 30, 2010): In issue three, appellants assert that the trial court erred by improperly excluding an alleged admission by Celtic that the…
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RICO Has No Extraterritorial Reach

From Cedeño v. Intech Group, Inc., 2010 U.S. Dist. LEXIS 88026 (S.D.N.Y. Aug. 24, 2010): This civil action brought under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968, seeks "damages arising out of a wide-ranging money laundering scheme that utilized New York-based U.S. banks to hold, move and ...
From Cedeño v. Intech Group, Inc., 2010 U.S. Dist. LEXIS 88026 (S.D.N.Y. Aug. 24, 2010): This civil action brought under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1968, seeks “damages arising out of a wide-ranging money…
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Only an Original Judgment That Is Registered Pursuant to 28 U.S.C. § 1963 May be Re-Registered in Other Jurisdictions — A Judgment Created by Registration Cannot — Caselaw Split

From De Leon v. Marcos, 2010 U.S. Dist. LEXIS 100644 (D. Colo. Sept. 23, 2010): The operative facts for purposes of the instant motion are undisputed. The Plaintiff is the named representative of a class that holds a judgment2 of almost $2 billion against former Philippines President Ferdinand Marcos. The judgment was entered on February ...
From De Leon v. Marcos, 2010 U.S. Dist. LEXIS 100644 (D. Colo. Sept. 23, 2010): The operative facts for purposes of the instant motion are undisputed. The Plaintiff is the named representative of a class that holds a judgment2 of…
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Contractual Limitations Period Construed Strictly — Claim for Unearned Premium Is Not a Claim “under” Insurance Policy

From Archway Ins. Servs. v. James River Ins. Co., 2010 U.S. Dist. LEXIS 99708 (E.D. Pa. Sept. 21, 2010): The dispositive question is whether a claim for unearned premiums is a "claim under this policy" as specified in section 4(B). Although this question appears to be an issue of first impression in this Circuit, other courts have answere ...
From Archway Ins. Servs. v. James River Ins. Co., 2010 U.S. Dist. LEXIS 99708 (E.D. Pa. Sept. 21, 2010): The dispositive question is whether a claim for unearned premiums is a “claim under this policy” as specified in section 4(B).…
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Securities — Personal Jurisdiction for Control Group Claims — Fiduciary Shield Doctrine Inapt — Group Pleading Doctrine Not Viable under Private Securities Litigation Reform Act

From Snowstorm Acquisition Corp. v. Tecumseh Prods. Co., 2010 U.S. Dist. LEXIS 99259 (D. Del. Sept. 21, 2010): The standard for personal jurisdiction under § 20(a) is met if plaintiff makes a non-frivolous allegation that defendant controlled a person liable for securities fraud. 15 U.S.C. §§ 78t(a), 78aa. ...
From Snowstorm Acquisition Corp. v. Tecumseh Prods. Co., 2010 U.S. Dist. LEXIS 99259 (D. Del. Sept. 21, 2010): The standard for personal jurisdiction under § 20(a) is met if plaintiff makes a non-frivolous allegation that defendant controlled a person liable…
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Elements of the Torts of Spoliation under West Virginia Law

From Williams v. Great West. Cas. Co., 2009 U.S. Dist. LEXIS 46247 (N.D. W.V. June 1, 2009): A. Negligent Spoliation ***To prevail on a claim for the tort of negligent spoliation by a third party under West Virginia law, a plaintiff must show that (1) a pending or potential civil action existed; (2) the alleged spoliator h ...
From Williams v. Great West. Cas. Co., 2009 U.S. Dist. LEXIS 46247 (N.D. W.V. June 1, 2009): A. Negligent Spoliation ***To prevail on a claim for the tort of negligent spoliation by a third party under West Virginia law, a…
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No Waiver of Attorney-Client Privilege under New York Law Where Son Received Email and Forwarded It to Parents, But Parents’ Disclosure to Financial Advisor Did Effect Waiver

From Green v. Beer, 2010 U.S. Dist. LEXIS 87484 (S.D.N.Y. Aug. 24, 2010): The magistrate judge rejected Plaintiffs' assertion of attorney-client privilege with respect to email communications shared with certain persons who are neither attorneys nor parties in this litigation. These persons are identified as: (1) Paul Lenker, financial ad ...
From Green v. Beer, 2010 U.S. Dist. LEXIS 87484 (S.D.N.Y. Aug. 24, 2010): The magistrate judge rejected Plaintiffs’ assertion of attorney-client privilege with respect to email communications shared with certain persons who are neither attorneys nor parties in this litigation.…
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“Spoliation Can Be Knowing or Intentional Even If Not Done with Bad Faith.”

From Schumacher Immobilien und Beteiligungs AD v. Prova, Inc., 2010 U.S. Dist. LEXIS 74144 (M.D.N.C. July 21, 2010): *** Plaintiff alleges breach of contract and other claims related to two written contracts between the parties in which Plaintiff agreed to purchase from Defendant Prova a 1997 Porsche GT1 race car and various accompanying ...
From Schumacher Immobilien und Beteiligungs AD v. Prova, Inc., 2010 U.S. Dist. LEXIS 74144 (M.D.N.C. July 21, 2010): *** Plaintiff alleges breach of contract and other claims related to two written contracts between the parties in which Plaintiff agreed to…
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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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