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

Parameters of Adverse Counsel’s Contacting Former Employees of Corporate Party — Substantial Exposure to Privileged Communications or Service as Litigation Consultant as Touchstone

From Weber v. Fujifilm Med. Sys., USA, 2010 U.S. Dist. LEXIS 72416 (D. Conn. July 19, 2010): In an exhaustive decision on this issue, then District Judge Jose A. Cabranes held, in a case of first impression, that an attorney representing a client against a corporate party may conduct ex parte interviews of former employees of the corporat ...
From Weber v. Fujifilm Med. Sys., USA, 2010 U.S. Dist. LEXIS 72416 (D. Conn. July 19, 2010): In an exhaustive decision on this issue, then District Judge Jose A. Cabranes held, in a case of first impression, that an attorney…
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“Plain Error” — Absence of Intracircuit Authority and Circuit Split on Issue Render Alleged Error Anything But Plain

From United States v. Williams, 2010 U.S. App. LEXIS 14852 (3d Cir. July 20, 2010): As noted earlier, we review the District Court's decision under the plain error standard. Thus, assuming that Williams is correct that the sentence imposed by the District Court exceeded the maximum prison term authorized by the supervised release statute ...
From United States v. Williams, 2010 U.S. App. LEXIS 14852 (3d Cir. July 20, 2010): As noted earlier, we review the District Court’s decision under the plain error standard. Thus, assuming that Williams is correct that the sentence imposed by…
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RICO — Theft Coupled with Continuous Use of Stolen Property ≠ Pattern

From Spindletop Drilling Co. v. Lewis, 2010 U.S. Dist. LEXIS 70889 (W.D. Ark. July 14, 2010): Spindletop alleges that, after refusing to sell certain storage tanks to Lewis, Lewis and/or Lewis Louisiana Properties removed four storage tanks from Spindletop's well in Clairborne Parish, Louisiana (the Waller-Taylor Well) and transported th ...
From Spindletop Drilling Co. v. Lewis, 2010 U.S. Dist. LEXIS 70889 (W.D. Ark. July 14, 2010): Spindletop alleges that, after refusing to sell certain storage tanks to Lewis, Lewis and/or Lewis Louisiana Properties removed four storage tanks from Spindletop’s well…
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Motions to Strike Impertinent, Immaterial or Scandalous Matters — Standards

From Smith v. Levine Leichtman Capital Partners, 2010 U.S. Dist. LEXIS 71041 (N.D. Cal. June 29, 2010): "The court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous material." Fed. R. Civ. P. (12)(f). Immaterial matter "is that which has no essential or important re ...
From Smith v. Levine Leichtman Capital Partners, 2010 U.S. Dist. LEXIS 71041 (N.D. Cal. June 29, 2010): “The court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous material.” Fed. R. Civ. P.…
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Removal — Circuit Split — Each Co-Defendant Need Not Sign Removal Notice or Submit a Timely Notice of Consent in Writing (District Court in Undecided 10th Circuit) — Silence vs. Ambiguity of Statute (Good Quote)

From Tresco, Inc. v. Continental Cas. Co., 2010 U.S. Dist. LEXIS 71294 (D.N.M. July 2, 2010): The Tenth Circuit***has not stated what is necessary to satisfy the requirement that all defendants "join in the removal petition." *** The United States Courts of Appeals for the Fifth, Seventh, and Eighth Circuits, and some district cour ...
From Tresco, Inc. v. Continental Cas. Co., 2010 U.S. Dist. LEXIS 71294 (D.N.M. July 2, 2010): The Tenth Circuit***has not stated what is necessary to satisfy the requirement that all defendants “join in the removal petition.” *** The United States…
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Motion and Counterclaim Filed at Eleventh Hour Stricken as Filed in Bad Faith — Inherent Power Sanction

From Strategic Turnaround Equity Partners, LP (Cayman) v. Fife, 2010 U.S. Dist. LEXIS 63629 (E.D. Mich. June 28, 2010): In this corporate dispute, Plaintiff Strategic Turnaround Equity Partners, L.P. ("Strategic") claims that Defendants United American Healthcare Corporation ("UAHC"), Thomas Goss, St. George Investments, LLC ("St. George ...
From Strategic Turnaround Equity Partners, LP (Cayman) v. Fife, 2010 U.S. Dist. LEXIS 63629 (E.D. Mich. June 28, 2010): In this corporate dispute, Plaintiff Strategic Turnaround Equity Partners, L.P. (“Strategic”) claims that Defendants United American Healthcare Corporation (“UAHC”), Thomas Goss,…
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Full Compensation of Insured Does Not Preclude Contractual Subrogation — Issue of First Impression under Texas Law

From Amerisure Ins. Co. v. Navigators Ins. Co., 2010 U.S. App. LEXIS 14354 (5th Cir. July 13, 2010): The first issue that we must address is one of first impression for this court: whether Mid-Continent Insurance Co. v. Liberty Mutual Insurance Co., 236 S.W.3d 765, 776 (Tex. 2007), precludes contractual subrogation simply because ...
From Amerisure Ins. Co. v. Navigators Ins. Co., 2010 U.S. App. LEXIS 14354 (5th Cir. July 13, 2010): The first issue that we must address is one of first impression for this court: whether Mid-Continent Insurance Co. v. Liberty Mutual…
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Federal Circuit Applies Regional Circuit Law to Discovery Matters Generally But Not When Substantive Patent Law Is Implicated

From In re Deutsche Bank Trust Co. Americas and Total Bank Solutions, LLC, 605 F.3d 1373 (Fed. Cir. 2010): On August 19, 2009, Deutsche sought a protective order including a patent prosecution bar preventing anyone who gains access in the litigation to documents marked "confidential — patent prosecution bar" from any involvement in pro ...
From In re Deutsche Bank Trust Co. Americas and Total Bank Solutions, LLC, 605 F.3d 1373 (Fed. Cir. 2010): On August 19, 2009, Deutsche sought a protective order including a patent prosecution bar preventing anyone who gains access in the…
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Neither Willful Ignorance Nor Division of Labor States a Defense to § 1927 Sanctions when Asserted by Lead Counsel

From In re Girardi (Franco v. Dow Chemical Co.), 2010 U.S. App. LEXIS 14292 (9th Cir. July 13, 2010) (adopting R&R of Senior Circuit Judge Tashima, sitting as Special Master): The young associate drafted the Opening Brief, which contends that Dole Food Company was the judgment debtor. He repeated that contention in the Reply Brief, altho ...
From In re Girardi (Franco v. Dow Chemical Co.), 2010 U.S. App. LEXIS 14292 (9th Cir. July 13, 2010) (adopting R&R of Senior Circuit Judge Tashima, sitting as Special Master): The young associate drafted the Opening Brief, which contends that…
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District Court May Impose Costs Pursuant to FRAP 39(a)(4) & (e) without Prior Appellate Itemization — Cost of Letter of Credit to Stay Execution — De Novo Review of District Court Interpretations of FRAP

From L-3 Commc’ns Corp. v. OSI Sys., Inc., 607 F.3d 24 (2d Cir. 2010): Appellant OSI Systems, Inc. ("OSI") appeals from an April 27, 2009, order of the United States District Court for the Southern District of New York (Crotty, J.) upholding the district court clerk's decision to tax to OSI, pursuant to Federal Rule of Appellate Proce ...
From L-3 Commc’ns Corp. v. OSI Sys., Inc., 607 F.3d 24 (2d Cir. 2010): Appellant OSI Systems, Inc. (“OSI”) appeals from an April 27, 2009, order of the United States District Court for the Southern District of New York (Crotty,…
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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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