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 Extortion: Hobbs Act Requires Plaintiff Part with $ — Not Enough to Claim Right to $ Def Possesses — “Wrongful” Requires Def Have No Lawful Claim to $ in Dispute — Market Power Alone Doesn’t Invalidate Contract Freely Entered (Good Quote)

Crawford's Auto Ctr. v. State Farm Mut. Auto. Ins. Co., 2019 U.S. App. LEXIS 37964, 2019 WL 6974428 (11th Cir. Dec. 20, 2019): *1 Plaintiffs Crawford’s Auto Center, Inc. and K & ...
Crawford's Auto Ctr. v. State Farm Mut. Auto. Ins. Co., 2019 U.S. App. LEXIS 37964, 2019 WL 6974428 (11th Cir. Dec. 20, 2019): *1 Plaintiffs Crawford’s Auto Center, Inc. and K & M Collision, LLC are two auto body …
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Spoliation Sanctions: Seventh Circuit Requires Bad Faith Based on Pre-37(e) Case Law, While Citing Rule 37(e) Which Does Not Require It — Is a Video “Electronically-Stored Information?”

 Conner v. Rubin-Asch, 2019 U.S. App. LEXIS 32880 (7th Cir. Nov. 4, 2019) (unpublished): Eric Conner, a Wisconsin inmate, sued a prison psychologist and eight correctional officers for retaliation and delibe ...
Conner v. Rubin-Asch, 2019 U.S. App. LEXIS 32880 (7th Cir. Nov. 4, 2019) (unpublished): Eric Conner, a Wisconsin inmate, sued a prison psychologist and eight correctional officers for retaliation and deliberate indifference because they removed him from clinical observation, despite…
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12(b)(6) Dismissal Motion: Judicial Notice of News Reports & Non-Official Websites, including YouTube & Wikipedia, Only to Establish What Was in Public Realm, Not for Truth — Motion Converted to SJ to Consider Truth

Strojnik v. Azul Hosp. Grp., 2019 U.S. Dist. LEXIS 207424 (E.D.N.Y. Dec. 2, 2019): Plaintiff is proceeding in this matter pro se, but he is licensed as an attorney in the state of California; pre-tri ...
Strojnik v. Azul Hosp. Grp., 2019 U.S. Dist. LEXIS 207424 (E.D.N.Y. Dec. 2, 2019): Plaintiff is proceeding in this matter pro se, but he is licensed as an attorney in the state of California; pre-trial proceedings are accordingly referred to …
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Summary Judgment: Mere Denial of Statement of Undisputed Fact (SUF) without Actually Rejecting Paragraphs Responded to Properly Deemed Admissions — Attempt to Create Appearance of Factual Disputes = Sanctionalbe Non-Compliance with SUF Local Rule

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (non-precedential): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of
Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (non-precedential): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of 42 Pa. C.S.A. § 8371. …
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Hague Service Convention Article 15 Applies Only to Service of Process on Non-Parties, Not to Service of Documents on Participant in Existing Action

 Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 2019 U.S. App. LEXIS 38068 (2d Cir. Dec. 20, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATIO ...
Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 2019 U.S. App. LEXIS 38068 (2d Cir. Dec. 20, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court …
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Supreme Court: Attorney’s Fees [Non-Sanctions] — American Rule Not Limited to Prevailing-Party Statutes — Absence of Specific Reference to Attorney’s Fees Not Dispositive — “Expenses of Litigation” = Expensae Litis = Costs

 Peter v. NantKwest, Inc., 205 L. Ed. 2d 304 (2019): Sect ...
Peter v. NantKwest, Inc., 205 L. Ed. 2d 304 (2019): Section 145 of the Patent Act affords applicants “dissatisfied with the decision of the Patent Trial and Appeal Board” an opportunity to file a civil action in the United States …
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Sanctions: Rule 37(b)(2) Dismissal OK Only If Violation of Discovery Order Is Fault of Client, Not Lawyer — Ordering Discovery Is Not A “Lesser Sanction” under Rule 41

 Johnson v. Jones, 2019 U.S. App. LEXIS 36969 (5th Cir. Dec. 13, 2019) (unpublished): PER CURIAM:* Ron Johnson appeals the with-prejudice dism ...
Johnson v. Jones, 2019 U.S. App. LEXIS 36969 (5th Cir. Dec. 13, 2019) (unpublished): PER CURIAM:* Ron Johnson appeals the with-prejudice dismissal of his civil rights lawsuit. The district court dismissed the case as a sanction under Federal Rules …
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Standing: In Consumer Fraud Case, Plaintiffs’ Claim They Wouldn’t Have Bought Product But for Deceptive Claims and Failure to Disclose Known Risks Constitutes Injury in Fact for Standing Purposes

Painters & Allied Trades Dist. Council 82 v. Takeda Pharm. Co. Ltd., 2019 WL 6498270 (9th Cir. Dec. 3, 2019): MEMORANDUM** *1 Plaintiffs, individual patients and third-party payor Painters and Allied Trades District Council 82 Health Care Fund, appeal the ...
Painters & Allied Trades Dist. Council 82 v. Takeda Pharm. Co. Ltd., 2019 WL 6498270 (9th Cir. Dec. 3, 2019): MEMORANDUM** *1 Plaintiffs, individual patients and third-party payor Painters and Allied Trades District Council 82 Health Care Fund, appeal…
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§ 1782: Availability of Requested Information in Foreign Jurisdiction Irrelevant If Person from Whom Discovery Is Sought Is Unavailable There — Indicia of Sufficient Certainty of Contemplated Foreign Proceeding (Affidavit of Foreign Counsel Suffices)

 In re Top Matrix Holdings Ltd. for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782, 2019 U.S. Dist. LEXIS 210264 (S.D.N.Y. Dec. 2, 2019): Top Matrix Holdings Ltd. (& ...
In re Top Matrix Holdings Ltd. for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782, 2019 U.S. Dist. LEXIS 210264 (S.D.N.Y. Dec. 2, 2019): Top Matrix Holdings Ltd. ("Top Matrix" or…
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RICO: Third-Party Payers Adequately Allege Causation Against Pharma Mfrs. for Omission of Known Safety Risk — Doctors Are Intermediaries But Not Intervening Cause — Circuit Split

Painters & Allied Trades Dist. Council 82 Health Care Fund v. Takeda Pharms. Co., 2019 U.S. App. LEXIS 35844 (9th Cir. Dec. 3, 2019): Today we confront an issue of first impression in our circuit, and ...
Painters & Allied Trades Dist. Council 82 Health Care Fund v. Takeda Pharms. Co., 2019 U.S. App. LEXIS 35844 (9th Cir. Dec. 3, 2019): Today we confront an issue of first impression in our circuit, and one that has caused …
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Recent Posts

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

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

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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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