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

Supreme Court Decision in Merck Does Not Apply to RICO — No Equitable Estoppel for Bad Acts after Plaintiff Should’ve Known of Its Injury — Equitable Estoppel v. Tolling — Restricting Boyle: Using vs. Being a Conspiracy/Enterprise

From Jay E. Hayden Found. v. First Neighbor Bank, N.A., 2010 U.S. App. LEXIS 12773 (7th Cir. June 22, 2010): A foundation created by Jay Hayden, and the estates of his mother and of another woman (R. Maurine Johnson), brought this RICO suit against a bank, two law firms, and seven persons connected with either the bank or the law firms. ...
From Jay E. Hayden Found. v. First Neighbor Bank, N.A., 2010 U.S. App. LEXIS 12773 (7th Cir. June 22, 2010): A foundation created by Jay Hayden, and the estates of his mother and of another woman (R. Maurine Johnson), brought…
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New York Relaxes Strict Privity Requirement in Legal Malpractice Action Brought by Personal Representative Against Counsel to Testator

From Estate of Schneider v. Finmann, 2010 NY Slip Op 5281, 2010 N.Y. LEXIS 1169 (N.Y. Ct. App. June 17, 2010): In April 2000, decedent purchased a $ 1 million life insurance policy. Over several years, he transferred ownership of that property from himself to an entity of which he was principal owner, then to another entity of which he w ...
From Estate of Schneider v. Finmann, 2010 NY Slip Op 5281, 2010 N.Y. LEXIS 1169 (N.Y. Ct. App. June 17, 2010): In April 2000, decedent purchased a $ 1 million life insurance policy. Over several years, he transferred ownership of…
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Sanctions Under the PSLRA — Eleventh Circuit

From Ledford v. Peeples, 605 F.3d 871 (11th Cir. 2010) (Note: This opinion is on reconsideration and modifies the opinion reported in our post of July 8, 2009): We pause here to elucidate the meaning of abuse of discretion review in the PSLRA context. We find it helpful to explain how abuse of discretion review differs from de novo
From Ledford v. Peeples, 605 F.3d 871 (11th Cir. 2010) (Note: This opinion is on reconsideration and modifies the opinion reported in our post of July 8, 2009): We pause here to elucidate the meaning of abuse of discretion review…
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Motion to Seal Summary Judgment Papers to Preserve Confidentiality of Settlement Denied — Standards for Sealing

From TIG Ins. Co. v. Firemen’s Fund Ins. Co., 2010 U.S. Dist. LEXIS 61519 (D.D.C. June 22, 2010): The [underlying] insurance coverage and liability actions [brought by third parties] against the plaintiff and the defendant were resolved in accordance with a confidential Settlement Agreement and Release (the "Settlement Agreement").... I ...
From TIG Ins. Co. v. Firemen’s Fund Ins. Co., 2010 U.S. Dist. LEXIS 61519 (D.D.C. June 22, 2010): The [underlying] insurance coverage and liability actions [brought by third parties] against the plaintiff and the defendant were resolved in accordance with…
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Expert Opinion Formed Prematurely (Prior to Significant Discovery) Excluded

From State Farm Fire & Cas. Co. v. Jarden Corp., 2010 U.S. Dist. LEXIS 60327 (S.D. Ind. June 16, 2010): Defendants' first contention is that Jones's opinions fail to adhere to the scientific method because they did not follow the generally accepted scientific norms set forth in NFPA (National Fire Protection Association) 921, Guide for F ...
From State Farm Fire & Cas. Co. v. Jarden Corp., 2010 U.S. Dist. LEXIS 60327 (S.D. Ind. June 16, 2010): Defendants’ first contention is that Jones’s opinions fail to adhere to the scientific method because they did not follow the…
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Enforceability of Entire Agreement Containing Arbitration Clause Is for Arbitrator to Decide — Court May Consider Only Enforceability of Agreement to Arbitrate Specific Issue — U.S. Supreme Court

An attack on the enforceability of a contract containing an arbitration clause is for the arbitrator to resolve, under the Supreme Court’s decision in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (U.S. June 21, 2010). Only an attack on the enforceability of the arbitration clause itself is subject to judicial determination. The Court conside ...
An attack on the enforceability of a contract containing an arbitration clause is for the arbitrator to resolve, under the Supreme Court’s decision in Rent-A-Center, West, Inc. v. Jackson, 2010 U.S. LEXIS 4981 (U.S. June 21, 2010). Only an attack…
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First-Filed Rule — Exceptions — Forum-Shopping Not Necessarily Abusive

From Nat’l Union Fire Ins. Co. of Pittsburgh, PA. v. Aker Kvaerner/IHI, 2010 U.S. Dist. LEXIS 60019 (S.D. Tex. June 16, 2010): A. The First-to-File Rule The first-to-file rule is based on "principles of comity and sound judicial administration." Save Power Ltd. v. Syntek Fin. Corp. , 121 F.3d 947, 950 (5th Cir. ...
From Nat’l Union Fire Ins. Co. of Pittsburgh, PA. v. Aker Kvaerner/IHI, 2010 U.S. Dist. LEXIS 60019 (S.D. Tex. June 16, 2010): A. The First-to-File Rule The first-to-file rule is based on “principles of comity and sound judicial administration.” Save…
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Supplementation of Expert Report to Add Study from Unretained Expert Barred

From State Farm Fire & Cas. Co. v. Jarden Corp., 2010 U.S. Dist. LEXIS 60327 (S.D. Ind. June 16, 2010): Plaintiff moves first to exclude any reference to a study conducted by Scott Barnhill in which Mr. Barnhill recorded the results of his testing of the characteristics of heaters similar to the one at issue here as well as the potential ...
From State Farm Fire & Cas. Co. v. Jarden Corp., 2010 U.S. Dist. LEXIS 60327 (S.D. Ind. June 16, 2010): Plaintiff moves first to exclude any reference to a study conducted by Scott Barnhill in which Mr. Barnhill recorded the…
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Consumer Complaint Emails Admissible under Residual Exception to the Hearsay Rule — Meaning of a “Competent” Witness

From State of Conn. v. Sunrise Herbal Remedies, Inc., 296 Conn. 556, 2010 Conn. LEXIS 196 (Conn. Sup. Ct. 2010): The plaintiff, the state of Connecticut, appeals from the decision of the trial court granting the motions of the defendants, Valerie Hawk-Hoffman and David Hoffman, to dissolve prejudgment attachments originally filed agains ...
From State of Conn. v. Sunrise Herbal Remedies, Inc., 296 Conn. 556, 2010 Conn. LEXIS 196 (Conn. Sup. Ct. 2010): The plaintiff, the state of Connecticut, appeals from the decision of the trial court granting the motions of the defendants,…
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Attacking Arbitration Award on Grounds Known but Silently Acquiesced in until Award Rendered — “Evident Partiality” — Failure to Postpone Hearing

From Rai v. Barclays Capital Inc., 2010 U.S. Dist. LEXIS 59739 (S.D.N.Y. June 14, 2010): 1. Evident Partiality of the Arbitrators Section 10(a)(2) of the FAA allows a court to vacate an arbitration award "where there was evident partiality or corruption in the arbitrators, or either of them." In Morelite Construction ...
From Rai v. Barclays Capital Inc., 2010 U.S. Dist. LEXIS 59739 (S.D.N.Y. June 14, 2010): 1. Evident Partiality of the Arbitrators Section 10(a)(2) of the FAA allows a court to vacate an arbitration award “where there was evident partiality or…
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Recent Posts

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

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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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