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

Rule 54(b) and Reconsideration “As Justice Requires” — 4 Considerations

From Alexander v. FBI, 2010 U.S. Dist. LEXIS 21386 (D.D.C. Mar. 9, 2010): Rule 54(b) allows a court to modify any ruling that adjudicates fewer than all the claims or rights and liability of fewer than all the parties, which does not end the action as to any of the claims or parties at any time before the entry of final judgment. FED. R ...
From Alexander v. FBI, 2010 U.S. Dist. LEXIS 21386 (D.D.C. Mar. 9, 2010): Rule 54(b) allows a court to modify any ruling that adjudicates fewer than all the claims or rights and liability of fewer than all the parties, which…
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Denial of § 1927 Sanctions Because of Plaintiff’s Poor Financial Condition = Abuse of Discretion

From Hall v. Liberty Life Assur. Co. of Boston, 595 F.3d 270 (6th Cir. 2010): The district court in this case was critical of Hall's attorney, noting that the Plan "has been forced to spend an inordinate amount of time and money defending against repeated meritless motions filed by [Hall] in an attempt to have a second, third, or further ...
From Hall v. Liberty Life Assur. Co. of Boston, 595 F.3d 270 (6th Cir. 2010): The district court in this case was critical of Hall’s attorney, noting that the Plan “has been forced to spend an inordinate amount of time…
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Expert Entitled to Compensation from Deposing Party for Preparation as Well as Deposition Time, But Only at Rate Charged to Party That Engaged Him or Her

From Borel v. Chevron U.S.A. Inc., 2010 U.S. Dist. LEXIS 24379 (E.D. La. Feb. 24, 2010): Plaintiff sued defendant for damages for injuries allegedly sustained when plaintiff slipped and fell while descending a fixed ladder on a bunk bed. To impute liability on defendant, plaintiff retained Robert E. Borison as an expert safety witness. ...
From Borel v. Chevron U.S.A. Inc., 2010 U.S. Dist. LEXIS 24379 (E.D. La. Feb. 24, 2010): Plaintiff sued defendant for damages for injuries allegedly sustained when plaintiff slipped and fell while descending a fixed ladder on a bunk bed. To…
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Arbitration — Supreme Court Decision in Arthur Andersen v. Carlisle Applies to Cases Arising under New York Convention, Not Just under FAA

From Todd v. Steamship Mut. Underwriting Ass’n, 2010 U.S. App. LEXIS 5637 (5th Cir. Mar. 18, 2010): Early in 2000, Todd was injured while serving as a chef onboard the M/V AMERICAN QUEEN, a replica steamboat owned and operated by the Delta Queen Steam boat Company ("Delta Queen"). When the injury occurred, the ship was cruising along t ...
From Todd v. Steamship Mut. Underwriting Ass’n, 2010 U.S. App. LEXIS 5637 (5th Cir. Mar. 18, 2010): Early in 2000, Todd was injured while serving as a chef onboard the M/V AMERICAN QUEEN, a replica steamboat owned and operated by…
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Spoliation — Five-Factor Test for Case-Terminating Sanctions and the Exclusion of Evidence in the Ninth Circuit

From Kopitar v. Nationwide Mut. Ins. Co., 2010 U.S. Dist. LEXIS 25079 (E.D. Cal. Mar. 17, 2010): The Ninth Circuit has held that a district court has the authority to impose sanctions for spoliation pursuant to: "the inherent power of federal courts to levy sanctions in response to abusive litigation practices, and the availability of san ...
From Kopitar v. Nationwide Mut. Ins. Co., 2010 U.S. Dist. LEXIS 25079 (E.D. Cal. Mar. 17, 2010): The Ninth Circuit has held that a district court has the authority to impose sanctions for spoliation pursuant to: “the inherent power of…
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Attorney-Client Privilege — At Issue Waiver — Filing Fraud Claim Does Not Put Advice of Plaintiff’s Counsel at Issue, But Factual Information Conveyed Is Discoverable

From Ill. Central R.R. v. Harried, 2010 U.S. Dist. LEXIS 20938 (N.D. Ill. Feb . 11, 2010): In their Motion to Compel and in their Motion for Ruling regarding the documents for in camera review, the defendants argue that IC implicitly waived the attorney/client privilege by filing this fraud claim and making the question of "reliance" a ce ...
From Ill. Central R.R. v. Harried, 2010 U.S. Dist. LEXIS 20938 (N.D. Ill. Feb . 11, 2010): In their Motion to Compel and in their Motion for Ruling regarding the documents for in camera review, the defendants argue that IC…
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District Court May Not Entertain a Rule 60(b) Motion for Reconsideration of an Order Certifying a Class after Court of Appeals Denies Rule 23(f) Review — Issue Certified to Third Circuit

From In re Mercedes-Benz Tele Aid Contract Litig., 2010 U.S. Dist. LEXIS 23624 (D.N.J. Mar. 15, 2010): [T]he Court will certify an interlocutory appeal of *** [the issue] whether a district court may entertain a motion for reconsideration of an order certifying a class after a request for interlocutory appeal of that order pursuant to Fed ...
From In re Mercedes-Benz Tele Aid Contract Litig., 2010 U.S. Dist. LEXIS 23624 (D.N.J. Mar. 15, 2010): [T]he Court will certify an interlocutory appeal of *** [the issue] whether a district court may entertain a motion for reconsideration of an…
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Both Parties Consult with Individuals from the Same Expert Witness Firm — Defendant Retains First, and Individual Plaintiff Spoke with Co-Signs Defense Report — Standards for Disqualifying Side-Switching Experts

From Young v. So. Cal. Trans., Inc., 2010 U.S. Dist. LEXIS 22332 (S.D. Miss. Mar. 10, 2010): The plaintiff contends that the defendants' involvement of Dr. Metzler [with whom the plaintiff had discussions early on] as an expert in this case violates F.R.C.P. 26(b)(4)(B), which limits the ability of a party to discover facts known or opi ...
From Young v. So. Cal. Trans., Inc., 2010 U.S. Dist. LEXIS 22332 (S.D. Miss. Mar. 10, 2010): The plaintiff contends that the defendants’ involvement of Dr. Metzler [with whom the plaintiff had discussions early on] as an expert in this…
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Magistrate Judge’s Decisions — Standard of Review by District Court

From Hodczak v. Latrobe Spec. Steel Co., 2010 U.S. Dist. LEXIS 21267 (W.D. Pa. Mar. 9, 2010): The Federal Magistrates Act provides two separate standards for judicial review of a magistrate judge's decision: (i) "de novo" for magistrate resolution of dispositive matters, see 28 U.S.C. § 636(b)(1)(B)-(C), and (2) and (ii) "clea ...
From Hodczak v. Latrobe Spec. Steel Co., 2010 U.S. Dist. LEXIS 21267 (W.D. Pa. Mar. 9, 2010): The Federal Magistrates Act provides two separate standards for judicial review of a magistrate judge’s decision: (i) “de novo” for magistrate resolution of…
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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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