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

Court Lacks Inherent Power to Vacate §1782 Order Based on Fraud in Foreign Proceedings[— Rule 60(b)(3) Fraud on Court Must Be Extrinsic to Proceedings — 1782 Court Should Consider Effect on Procedural Parity of Parties (Good Quote)

 In re Accent Delight Int'l, 2019 U.S. Dist. LEXIS 212773 (S.D.N.Y. Dec. 10, 2019): This case is a small part of a larger international saga involving Accent Delight International Ltd. and Xitrans Financ ...
In re Accent Delight Int'l, 2019 U.S. Dist. LEXIS 212773 (S.D.N.Y. Dec. 10, 2019): This case is a small part of a larger international saga involving Accent Delight International Ltd. and Xitrans Finance Ltd. ("Petitioners") and their principal, Dmitry Rybolovlev,…
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Securities: Judicial Notice (JN) of Wayback Machine OK — Defs. Can’t Use JN to Insert Own Version of Events to Defeat Well-Pled Claims — JN of Transcripts for Acts, Not Substance, & of 10b5-1 Plan Only for Fact Sales Made Pursuant Thereto

In re Facebook, Inc. Secs. Litig., 2019 U.S. Dist. LEXIS 166027 (N.D. Cal. Sept. 25, 2019): This lawsuit stems from the revelation that Cambridge Analytica acquired the private Facebook data of millions of us ...
In re Facebook, Inc. Secs. Litig., 2019 U.S. Dist. LEXIS 166027 (N.D. Cal. Sept. 25, 2019): This lawsuit stems from the revelation that Cambridge Analytica acquired the private Facebook data of millions of users and that, upon learning of this…
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Discovery Sanctions — Dismissal — Factors (6th Circuit)

 Blue v. City of River Rouge, 2019 U.S. App. LEXIS 33242 (6th Cir. Nov. 6, 2019): Sexual Sin De Un Abdul Blue, a pro se Michigan litigant, appeals a district court order that (1) dismissed his complaint, as ...
 Blue v. City of River Rouge, 2019 U.S. App. LEXIS 33242 (6th Cir. Nov. 6, 2019): Sexual Sin De Un Abdul Blue, a pro se Michigan litigant, appeals a district court order that (1) dismissed his complaint, as amended, for…
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Good Cause/Extraordinary Circs. Needed to Withdraw Consent to Magistrate Judge (§636(c)(4), Rule 73(b)(3)) Only After Adversary Consents, Else Is Discretionary — Decision of First Impression Doesn’t Change Law within Rule 60(b)(6), Is Retroactive

Parks v. Rohlfing, 2019 U.S. Dist. LEXIS 210958 (E.D. Cal. Dec. 6, 2019): ORDER On September 30, 2018, the court denied plaintiff's motion to withdraw his consent to a magistrate judge. ECF ...
Parks v. Rohlfing, 2019 U.S. Dist. LEXIS 210958 (E.D. Cal. Dec. 6, 2019): ORDER On September 30, 2018, the court denied plaintiff's motion to withdraw his consent to a magistrate judge. ECF No. 101. Plaintiff now moves for reconsideration of…
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Whether Claimant’s Arbitration Concerns Same Dispute As Respondent’s Prior Arbitration with Others & Thus Must Be Heard by Same Panel Is for New Panel to Decide — Court Cannot Prejudge It by Compelling Arbitration before Old Panel

Pa. Nat'l Mut. Cas. Ins. Co. v. New Eng. Reinsurance Corp., 2019 U.S. App. LEXIS 36388 (3d Cir. Dec. 6, 2019) (unpublished): OPINION* *This disposition is not an opinion of ...
Pa. Nat'l Mut. Cas. Ins. Co. v. New Eng. Reinsurance Corp., 2019 U.S. App. LEXIS 36388 (3d Cir. Dec. 6, 2019) (unpublished): OPINION* *This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not…
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Rule 11 Sanctions — Filing Claim That Was Required To Be Asserted as Compulsory Counterclaim in Prior Action Is Frivolous, As Is Asserting As Grounds for Remand Argument Nearly Identical to One Earlier Rejected

Parnoff v. Fireman’s Fund Ins. Co., 2019 WL 6271531 (2d Cir. Nov. 25, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. In 2011, the home of Donato Telesco and Anita Pettengill ...
Parnoff v. Fireman’s Fund Ins. Co., 2019 WL 6271531 (2d Cir. Nov. 25, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the district court is AFFIRMED. In 2011, the home …
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RICO: Injury to Credit Score Is Not RICO Injury to Business or Property

Injury to credit score is a “generalized reputational harm[ that is] too speculative to constitute an injury to business or property.”  Alphas Co. of New York Inc. v. Hunts Point Terminal, 2017 WL 1929506  at *4 (S.D.N.Y. May 9, 2017).  Accord: Angermeier v. Cohen 14 F. Supp. 3d 134,152 (“an adverse entry in a ...
Injury to credit score is a “generalized reputational harm[ that is] too speculative to constitute an injury to business or property.”  Alphas Co. of New York Inc. v. Hunts Point Terminal, 2017 WL 1929506  at *4 (S.D.N.Y. May 9, 2017). …
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State Defendant’s Removal to Federal Court Waives Eleventh Amendment Immunity from Suit on All Federal Law Claims As Well As State Law Claims

 Altamirano v. Cty. of Pima, 2019 U.S. Dist. LEXIS 200372 (D. Ariz. Nov. 18, 2019): Pending before the Court is Defendant Pima County's Motion to Stay Proceedings as to Defendant Pima County Pending Reso ...
Altamirano v. Cty. of Pima, 2019 U.S. Dist. LEXIS 200372 (D. Ariz. Nov. 18, 2019): Pending before the Court is Defendant Pima County's Motion to Stay Proceedings as to Defendant Pima County Pending Resolution of Interlocutory Appeal. (Doc. 165.) Plaintiff…
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RICO Standing Requires “Concrete Financial Loss” to Business or Property

Talley v. Mazzocca, 2019 U.S. App. LEXIS 35562 (3d Cir. Nov. 27, 2019) (unpublished): OPINION* PER CURIAM Appellant Quintez Talley, proce ...
Talley v. Mazzocca, 2019 U.S. App. LEXIS 35562 (3d Cir. Nov. 27, 2019) (unpublished): OPINION* PER CURIAM Appellant Quintez Talley, proceeding pro se, filed a civil rights action against 24 defendants, including employees of the Pennsylvania Department of Corrections…
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RICO: Party Who Signed Security Agreement on Promise Bank Wd Destroy It after Using It to Defraud Regulators Not Causally Harmed by Fraud on Regulators — Res Judicata (State Court Judgment for Bank) Bars RICO Claim vs Bank

 Devon Drive Lionville, LP v. Parke Bancorp, Inc., 2019 U.S. App. LEXIS 31412 (3d Cir. Oct. 22, 2019): Those who agree to deceive the government may find themselves deceived. The parties here were in real es ...
Devon Drive Lionville, LP v. Parke Bancorp, Inc., 2019 U.S. App. LEXIS 31412 (3d Cir. Oct. 22, 2019): Those who agree to deceive the government may find themselves deceived. The parties here were in real estate together. Their business relationship…
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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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