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

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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Sanctions under the PSLRA — Second Eleventh Circuit Decision in 2010

From Thompson v. Jacoby, 2010 U.S. App. LEXIS 13371 (11th Cir. 2010): If the court finds a party or attorney violated any requirement of Rule 11(b), the court "shall" impose sanctions in accordance with Rule 11. 15 U.S.C. § 78u-4(c)(3). If a complaint substantially fails to comply with Rule 11(b), the presumptive sanction is attorn ...
From Thompson v. Jacoby, 2010 U.S. App. LEXIS 13371 (11th Cir. 2010): If the court finds a party or attorney violated any requirement of Rule 11(b), the court “shall” impose sanctions in accordance with Rule 11. 15 U.S.C. § 78u-4(c)(3).…
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Waiver by Failure to Alert Court of Appeals of Relevant Supreme Court Decision Issued after Briefing and Argument Have Ended

From Rent-A-Center, W., Inc. v. Jackson, 2010 U.S. LEXIS 4981 (U.S. June 21, 2010)(note: the substantive holding of this case is discussed in our post of June 23, 2010): In his brief to this Court, Jackson made the contention, not mentioned below, that the delegation provision itself is substantively unconscionable because the q ...
From Rent-A-Center, W., Inc. v. Jackson, 2010 U.S. LEXIS 4981 (U.S. June 21, 2010)(note: the substantive holding of this case is discussed in our post of June 23, 2010): In his brief to this Court, Jackson made the contention, not…
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Elements of Associational Standing — Associational Standing Exists to Assert Injunctive, But Not Damages, Claims (11th Circuit) — Application to ERISA

From Borrero v. United Healthcare of N.Y., Inc., 2010 U.S. App. LEXIS 13738 (11th Cir. July 6, 2010): 3. Associational Standing The representative associations argue that the district court lacked federal jurisdiction over their claims, even if the claims of the individual Appellants were completely preempted by ERISA. ...
From Borrero v. United Healthcare of N.Y., Inc., 2010 U.S. App. LEXIS 13738 (11th Cir. July 6, 2010): 3. Associational Standing The representative associations argue that the district court lacked federal jurisdiction over their claims, even if the claims of…
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Elements of Judicial Estoppel (Majority View) — Application to Statements of Counsel

From Ries v. Paige, 2010 U.S. App. LEXIS 13780 (5th Cir. June 28, 2010): "Judicial estoppel is an equitable doctrine that 'prevents a party from asserting a position in a legal proceeding that is contrary to a position previously taken in the same or some earlier proceeding.'" Hopkins v. Cornerstone Am., 545 F.3d 338, 347 (5th Ci ...
From Ries v. Paige, 2010 U.S. App. LEXIS 13780 (5th Cir. June 28, 2010): “Judicial estoppel is an equitable doctrine that ‘prevents a party from asserting a position in a legal proceeding that is contrary to a position previously taken…
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Categories of Preemption: Express vs. Conflict vs. Field — Passenger’s State Law Personal Injury Claim for Negligence Against Air Carrier Not Preempted by Federal Aviation Act

From Elassaad v. Independence Air, Inc., 2010 U.S. App. LEXIS 13721 (3d Cir. July 6, 2010): Joseph Elassaad appeals from an order granting summary judgment in favor of Independence Air, Inc., with respect to his negligence claim for injuries sustained when he fell while disembarking from an airplane at the Philadelphia International Airpo ...
From Elassaad v. Independence Air, Inc., 2010 U.S. App. LEXIS 13721 (3d Cir. July 6, 2010): Joseph Elassaad appeals from an order granting summary judgment in favor of Independence Air, Inc., with respect to his negligence claim for injuries sustained…
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Arbitration Award between Plaintiff and One of Two Defendants Properly Reduced to Judgment under Rule 54(b) Despite Existence of Unresolved Litigation against Second Defendant — 54(b) Factors

The City terminated its contractor (MCI) in MCI Constructors, LLC v. City of Greensboro, 2010 U.S. App. LEXIS 13495 (4th Cir. July 1, 2010), and the contractor sued both the city and the engineering firm (Hazen and Sawyer). The contractor and the city elected to arbitrate their dispute rather than litigate it in the court action; the city won; and it success ...
The City terminated its contractor (MCI) in MCI Constructors, LLC v. City of Greensboro, 2010 U.S. App. LEXIS 13495 (4th Cir. July 1, 2010), and the contractor sued both the city and the engineering firm (Hazen and Sawyer). The contractor…
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Attorneys’ Fees and Prejudgment Interest Awarded by C.D. Cal. in RICO Action (Default Judgment) — Voluntarily Halving Actual Fees “Eminently Reasonable”

From Monex Deposit Co. v. Gilliam, 2010 U.S. Dist. LEXIS 65767 (C.D. Cal. May 24, 2010): RICO *** requires an award of reasonable attorney's fees and costs. See 18 U.S.C. §1964(c) ("Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United ...
From Monex Deposit Co. v. Gilliam, 2010 U.S. Dist. LEXIS 65767 (C.D. Cal. May 24, 2010): RICO *** requires an award of reasonable attorney’s fees and costs. See 18 U.S.C. §1964(c) (“Any person injured in his business or property by…
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Communications Between Investment Banker and Lawyer for Common Client Unprivileged, as Are Communications Between Lawyer and Client cc’ing Investment Banker

From Dahl v. Bain Capital Partners, LLC, 2010 U.S. Dist. LEXIS 61640 (D. Mass. June 22, 2010): This matter comes before the Court on the plaintiffs' motion to compel documents from defendant, JP Morgan Chase & Co. The underlying lawsuit relates to the leveraged buyouts of a number of companies of which plaintiffs were shareholders (the ...
From Dahl v. Bain Capital Partners, LLC, 2010 U.S. Dist. LEXIS 61640 (D. Mass. June 22, 2010): This matter comes before the Court on the plaintiffs’ motion to compel documents from defendant, JP Morgan Chase & Co. The underlying lawsuit…
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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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