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

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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Whether Expert Testimony is Correct vs. Whether It is Reliable — Good Quote

From Main Street Am. Group v. Sears, Roebuck & Co., 2010 U.S. Dist. LEXIS 22667 (D. Md. Mar. 11, 2010): This court has "broad discretion in admitting scientific testimony that could later be tested by vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof." *** The proponents of ...
From Main Street Am. Group v. Sears, Roebuck & Co., 2010 U.S. Dist. LEXIS 22667 (D. Md. Mar. 11, 2010): This court has “broad discretion in admitting scientific testimony that could later be tested by vigorous cross-examination, presentation of contrary…
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Legal Malpractice Claim Based on Bad Advice to Enter Stip Not Foreclosed by Earlier Court’s Refusal to Set Aside Stip

From Scartozzi v. Potruch, 2010 NY Slip Op 3102,; 2010 N.Y. App. Div. LEXIS 3068 (2d Dept. April 13, 2010): Contrary to the defendants' contention, the Supreme Court erred in determining that collateral estoppel barred the plaintiff from challenging as legal malpractice the defendant's advice that she waive her right to seek prior counse ...
From Scartozzi v. Potruch, 2010 NY Slip Op 3102,; 2010 N.Y. App. Div. LEXIS 3068 (2d Dept. April 13, 2010): Contrary to the defendants’ contention, the Supreme Court erred in determining that collateral estoppel barred the plaintiff from challenging as…
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Applicability of 28 U.S.C. § 1927 to Pro Se Litigants — Caselaw Split

From McCormick v. Brzezinski, 2010 U.S. Dist. LEXIS 36106 (E.D. Mich. April 13, 2010): Defendant relies on Wages v. Internal Revenue Service, 915 F.2d 1230, 1235-36 (9th Cir. 1989) to support his argument that sanctions under section 1927 apply to pro se litigants. But, by its terms, section 1927 applies to only "attorney[s ...
From McCormick v. Brzezinski, 2010 U.S. Dist. LEXIS 36106 (E.D. Mich. April 13, 2010): Defendant relies on Wages v. Internal Revenue Service, 915 F.2d 1230, 1235-36 (9th Cir. 1989) to support his argument that sanctions under section 1927 apply to…
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Do Lawyers Uninvolved in Trial Enjoy a First Amendment Right to Juror Access for CLE Program? — District Court’s Failure to Exercise Meaningful Discretion = Abuse of Discretion

From Clyma v. Sunoco, Inc., 594 F.3d 777 (10th Cir. 2010): A civil jury rendered a verdict for Plaintiff Clyma and against Defendant Sunoco in the employment discrimination dispute underlying this matter. With cross-appeals pending in this Court, Movant Oklahoma Employment Lawyers Association (OELA) submitted to the district court an "Ap ...
From Clyma v. Sunoco, Inc., 594 F.3d 777 (10th Cir. 2010): A civil jury rendered a verdict for Plaintiff Clyma and against Defendant Sunoco in the employment discrimination dispute underlying this matter. With cross-appeals pending in this Court, Movant Oklahoma…
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Judicial Review of Arbitration Awards — Absent Affirmative Consent, Classwide Arbitration Barred — Ripeness

From Stolt-Nielsen S. A. v. Animalfeeds Int’l Corp., 130 S. Ct. 1758 (2010): [Grant of Certiorari Implicitly Rejects Unarticulated Challenge to Ripeness.] [Footnote 2] Invoking an argument not pressed in or considered by the courts below, the dissent concludes that the question presented is not ripe for our revi ...
From Stolt-Nielsen S. A. v. Animalfeeds Int’l Corp., 130 S. Ct. 1758 (2010): [Grant of Certiorari Implicitly Rejects Unarticulated Challenge to Ripeness.] [Footnote 2] Invoking an argument not pressed in or considered by the courts below, the dissent concludes that…
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No Rule 11 Sanctions for “Incorrect Belief” about the Law, Instead of “Callous Disregard” of It

From Akins-Brakefield v. Philip Envt’l Servs., 2010 U.S. Dist. LEXIS 25062 (S.D. Ill. Mar. 17, 2010): [Defendant] PESC contends that Plaintiff's claims for Assault (Count V), Battery (Count VI), Negligent Supervision (Count VII) and Willful FMLA violations (Count VIII) were, on the face of her Second Amended Complaint, wholly devoid of ...
From Akins-Brakefield v. Philip Envt’l Servs., 2010 U.S. Dist. LEXIS 25062 (S.D. Ill. Mar. 17, 2010): [Defendant] PESC contends that Plaintiff’s claims for Assault (Count V), Battery (Count VI), Negligent Supervision (Count VII) and Willful FMLA violations (Count VIII) were,…
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“Serious Questions” Standard for Preliminary Injunction Survives Supreme Court’s Winter Trilogy — Likelihood of Success Not Mandatory— Second Circuit Standards, with Exceptions

From Citigroup Global Markets, Inc. v. VCG Spec. Opportunities Master Fund Ltd., 598 F.3d 30 (2d Cir. 2010): VCG argues that three recent decisions of the Supreme Court—Munaf v. Geren, 553 U.S. 674, 128 S. Ct. 2207, 171 L. Ed. 2d 1 (2008); Winter [v. Natural Resources Defense Council, Inc. , 129 S. Ct. 365, 172 L. ...
From Citigroup Global Markets, Inc. v. VCG Spec. Opportunities Master Fund Ltd., 598 F.3d 30 (2d Cir. 2010): VCG argues that three recent decisions of the Supreme Court—Munaf v. Geren, 553 U.S. 674, 128 S. Ct. 2207, 171 L. Ed.…
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RICO — Dilution of Minority Shareholders through Extra Compensation to Majority = Derivative, Not Direct, Injury; Abusive Litigation Tactics ≠ Extortion; PSLRA Bars Claim that Purpose of Squeeze-Out was to Bar Minority from Follow-on Merger

From Bixler v. Foster, 596 F.3d 751 (10th Cir. 2010): According to the complaint, defendants Duncan, Sapper, and Malone were directors and majority shareholders of METCO, a New Mexico uranium mining company. ***[T]hey negotiated a trade of METCO's uranium mining claims to subsidiaries of defendant Uranium King, Ltd. (UKL), an Australian c ...
From Bixler v. Foster, 596 F.3d 751 (10th Cir. 2010): According to the complaint, defendants Duncan, Sapper, and Malone were directors and majority shareholders of METCO, a New Mexico uranium mining company. ***[T]hey negotiated a trade of METCO’s uranium mining…
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Rule 41(b) Does Not Preclude Inherent Power Sanctions for Failure to Prosecute

From Scott v. Knight, 2010 U.S. Dist. LEXIS 25610 (S.D. Ala. Feb. 22, 2010): Due to Plaintiff's failure to comply with the Court's Order and to prosecute this action, it appears that Plaintiff has abandoned his action thereby subjecting it to dismissal pursuant to the Court's inherent powers. Link v. Wabash R.R., 370 U.S. 626, 63 ...
From Scott v. Knight, 2010 U.S. Dist. LEXIS 25610 (S.D. Ala. Feb. 22, 2010): Due to Plaintiff’s failure to comply with the Court’s Order and to prosecute this action, it appears that Plaintiff has abandoned his action thereby subjecting it…
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Recent Posts

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

“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

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

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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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