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

If Expert Evidence Is Critical to Class Certification, Court Must Perform Full Daubert Analysis Before Ruling on Certification

From Am. Honda Motor Co. v. Allen, 600 F.3d 813 (7th Cir. 2010): We hold that when an expert's report or testimony is critical to class certification, as it is here, ... a district court must conclusively rule on any challenge to the expert's qualifications or submissions prior to ruling on a class certification motion. That is, the dist ...
From Am. Honda Motor Co. v. Allen, 600 F.3d 813 (7th Cir. 2010): We hold that when an expert’s report or testimony is critical to class certification, as it is here, … a district court must conclusively rule on any…
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Recall of Appellate Mandate Is Extraordinary Remedy Reserved for Matters of Last Resort, Requiring Grave Unforeseen Contingency, and Unwarranted Where Other Avenues to Raise Intervening Supreme Court Decision Exist

From Kashner Davidson Securities Corp. v. Mscisz, 601 F.3d 19 (1st Cir. 2010): Kashner Davidson argues that a recent Supreme Court decision, Hall Street Assocs. v. Mattel, Inc., 552 U.S. 576, 128 S. Ct. 1396, 170 L. Ed. 2d 254 (2008), undermines our earlier mandate in this case. In Hall Street, the Supreme Court held that ...
From Kashner Davidson Securities Corp. v. Mscisz, 601 F.3d 19 (1st Cir. 2010): Kashner Davidson argues that a recent Supreme Court decision, Hall Street Assocs. v. Mattel, Inc., 552 U.S. 576, 128 S. Ct. 1396, 170 L. Ed. 2d 254…
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Rooker-Feldman Does Not Apply to the Decision of a State Administrative Agency

From Gifford v. Meda, 2010 U.S. Dist. LEXIS 45322 (E.D. Mich. May 10, 2010): Under the Rooker-Feldman doctrine, "lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments." Lance v. Dennis, 546 U.S. 459, 463 (2006). The Supreme Court in Lance, and in its prior term in ...
From Gifford v. Meda, 2010 U.S. Dist. LEXIS 45322 (E.D. Mich. May 10, 2010): Under the Rooker-Feldman doctrine, “lower federal courts are precluded from exercising appellate jurisdiction over final state-court judgments.” Lance v. Dennis, 546 U.S. 459, 463 (2006). The…
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A Preservation Rule for the Federal Rules of Civil Procedure

Download associated file: Elements of a Preservation Rule.pdf  The Advisory Committee on the Federal Rules of Civil Procedure and the Standing Committee on Rules of Practice and Procedure sponsored the Duke Conference on Civil Litigation on Monday and Tuesday of this wee ...
Download associated file: Elements of a Preservation Rule.pdf  The Advisory Committee on the Federal Rules of Civil Procedure and the Standing Committee on Rules of Practice and Procedure sponsored the Duke Conference on Civil Litigation on Monday and Tuesday…
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Only Individual Lawyers, Not Law Firms, Subject to Sanction under 28 U.S.C. § 1927

From BDT Prods., Inc. v. Lexmark Int’l, Inc., 2010 U.S. App. LEXIS 8203 (6th Cir. April 21, 2010): Meisenheimer's first argument is that the district court erred to the extent that it imposed sanctions under 28 U.S.C. § 1927, as § 1927 permits the imposition of sanctions against individual lawyers, but not against law firms. ...
From BDT Prods., Inc. v. Lexmark Int’l, Inc., 2010 U.S. App. LEXIS 8203 (6th Cir. April 21, 2010): Meisenheimer’s first argument is that the district court erred to the extent that it imposed sanctions under 28 U.S.C. § 1927, as…
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Printout of Official Record from Government Website Self-Authenticating within Fed.R.Evid. 902(5)

From Weingartner Lumber & Supply Co. v. Kadant Composites, LLC, 2010 U.S. Dist. LEXIS 24918 (E.D. Ky. Mar. 10, 2010): In this internet, tech-savvy age, accessing official records from government websites is commonplace. Publicly maintained records downloaded from a government website would likely be self-authenticating under Fed. R. Evid. ...
From Weingartner Lumber & Supply Co. v. Kadant Composites, LLC, 2010 U.S. Dist. LEXIS 24918 (E.D. Ky. Mar. 10, 2010): In this internet, tech-savvy age, accessing official records from government websites is commonplace. Publicly maintained records downloaded from a government…
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28 U.S.C. § 1367 Confers Federal Jurisdiction over Compulsory, and Some Permissive, Counterclaims — First Circuit Follows Second and Seventh

From Global Naps, Inc. v. Verizon New England Inc., 2010 U.S. App. LEXIS 8929 (1st Cir. April 29, 2010): In an issue of first impression for this court, we hold that 28 U.S.C. § 1367, enacted in 1990, gives federal courts supplemental jurisdiction over both compulsory and at least some permissive counterclaims. This alters this circuit ...
From Global Naps, Inc. v. Verizon New England Inc., 2010 U.S. App. LEXIS 8929 (1st Cir. April 29, 2010): In an issue of first impression for this court, we hold that 28 U.S.C. § 1367, enacted in 1990, gives federal…
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Mexican Sociedad en Comandita Treated Like Corporation for Diversity Jurisdiction Purposes — Factors in Entering Default Judgment — Damages in Excess of Prayer for Relief — Rules for Measuring Damages and Establishing Facts on Default

From Baja Developments LLC v. TSD Loreto Partners, S. en C., 2010 U.S. Dist. LEXIS 42551 (D. Ariz. April 30, 2010): Following entry of default, Rule 55(b)(2), FED.R.CIV.P., permits a district court to enter final judgment in a case. Entry of default judgment, however, is not a matter of right. *** Entry of default judgment is entirely w ...
From Baja Developments LLC v. TSD Loreto Partners, S. en C., 2010 U.S. Dist. LEXIS 42551 (D. Ariz. April 30, 2010): Following entry of default, Rule 55(b)(2), FED.R.CIV.P., permits a district court to enter final judgment in a case. Entry…
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Is a New York State Court Summons with Notice (without Complaint) an “Initial Pleading” Removable to Federal Court? May the Federal Court Consider Later-Filed Proposed Complaint?

From MBIA Ins. Corp. v. Royal Bank of Canada, 2009 U.S. Dist. LEXIS 126910 (S.D.N.Y. Dec. 30, 2009): Plaintiffs argue that removal was improper under Section 1446(b) because the Summons with Notice was not an initial pleading. *** Specifically, Plaintiffs believe that removability was not ascertainable from the face of the Summons with No ...
From MBIA Ins. Corp. v. Royal Bank of Canada, 2009 U.S. Dist. LEXIS 126910 (S.D.N.Y. Dec. 30, 2009): Plaintiffs argue that removal was improper under Section 1446(b) because the Summons with Notice was not an initial pleading. *** Specifically, Plaintiffs…
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Metadata Associated with Public Records Are Themselves Public Records within Arizona Statute

From Lake v. City of Phoenix, 222 Ariz. 547, 218 P.3d 1004 (2009): Arizona law provides that "[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours." Ariz. Rev. Stat. ("A.R.S.") § 39-121 (2001). The City of Phoenix denied a public records request for ...
From Lake v. City of Phoenix, 222 Ariz. 547, 218 P.3d 1004 (2009): Arizona law provides that “[p]ublic records and other matters in the custody of any officer shall be open to inspection by any person at all times during…
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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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