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

Right to Judicial Proceeding May Constitute “Property” for RICO Injury Purposes

From Avalos v. Baca, 596 F.3d 583 (9th Cir. 2010): [I]n order to state a RICO claim, a plaintiff must show harm to a specific business or property interest. Diaz, 420 F.3d at 900 (holding that "[w]ithout a harm to a specific business or property interest . . . there is no injury to business or property within the meaning of RICO") ...
From Avalos v. Baca, 596 F.3d 583 (9th Cir. 2010): [I]n order to state a RICO claim, a plaintiff must show harm to a specific business or property interest. Diaz, 420 F.3d at 900 (holding that “[w]ithout a harm to…
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Monetary Sanctions for Failure to Prepare 30(b)(6) Witness Properly

From Cherrington Asia Ltd. v. A&L Underground, Inc., 263 F.R.D. 653 (D. Kan. 2010): One of the seminal cases regarding discovery sanctions in this district is Starlight International, Inc. v. Herlihy, 186 F.R.D. 626 (D. Kan. 1999), and 190 F.R.D. 587 (D. Kan. 1999).*** ...Starlight stands for the proposition that producin ...
From Cherrington Asia Ltd. v. A&L Underground, Inc., 263 F.R.D. 653 (D. Kan. 2010): One of the seminal cases regarding discovery sanctions in this district is Starlight International, Inc. v. Herlihy, 186 F.R.D. 626 (D. Kan. 1999), and 190 F.R.D.…
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Duty to Allow Insurer to Inspect Equipment Giving Rise to Claim ≠ Contractual Duty to Preserve Equipment as a Condition of Making Claim — Repair Shop’s Disposal of Broken Part Before Anyone’s Awareness of Claim ≠ Spoliation

From Green Meadow Bean Co. v. Nationwide Agribusiness Ins. Co., 2010 U.S. Dist. LEXIS 34838 (D. Minn. April 8, 2010): *** Nationwide argues Green Meadow failed to comply with the policy conditions by failing to keep the broken contactor. The policy provides, in relevant part, that "[a]s often as we [Nationwide] reasonably require," the i ...
From Green Meadow Bean Co. v. Nationwide Agribusiness Ins. Co., 2010 U.S. Dist. LEXIS 34838 (D. Minn. April 8, 2010): *** Nationwide argues Green Meadow failed to comply with the policy conditions by failing to keep the broken contactor. The…
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Attorney-Client Privilege and Email

From Rorar v State & Fed. Commc’ns, Inc., 2010 U.S. Dist. LEXIS 36121 (N.D. Ohio April 13, 2010): Attorney-Client Privilege As Applied to the E-mail Communications E-mails add complexity to the already difficult analysis of the application of the attorney-client privilege. See Thompson v. Chertoff, No. 3:06-CV- ...
From Rorar v State & Fed. Commc’ns, Inc., 2010 U.S. Dist. LEXIS 36121 (N.D. Ohio April 13, 2010): Attorney-Client Privilege As Applied to the E-mail Communications E-mails add complexity to the already difficult analysis of the application of the attorney-client…
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Inadequate Authentication of Government Website Evidence

From Phipps v. Stellar Recovery, Inc., 2010 U.S. Dist. LEXIS 33029 (S.D. Ohio April 5, 2010): Plaintiff [argues]: Since Defendant admits to threatening Plaintiff with a lawsuit, and garnishment but has not filed any legal action against Plaintiff, it is evident that Defendant never intended to take such action and mad ...
From Phipps v. Stellar Recovery, Inc., 2010 U.S. Dist. LEXIS 33029 (S.D. Ohio April 5, 2010): Plaintiff [argues]: Since Defendant admits to threatening Plaintiff with a lawsuit, and garnishment but has not filed any legal action against Plaintiff, it is…
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United Nations and U.N. Officials Absolutely Immune from Suit — What Is a Self-Executing Treaty?

From Brzak v. United Nations, 597 F.3d 107 (2d Cir. 2010): [T]he United States has ratified the CPIUN [the Convention on Privileges and Immunities of the United Nations, Feb. 13, 1946]*** The parties do not dispute that the CPIUN is binding on the United States as a matter of international law. However, they disagree about ...
From Brzak v. United Nations, 597 F.3d 107 (2d Cir. 2010): [T]he United States has ratified the CPIUN [the Convention on Privileges and Immunities of the United Nations, Feb. 13, 1946]*** The parties do not dispute that the CPIUN is…
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Standard and Method of Review of Class Certification Decisions

From Yokoyama v. Midland Nat’l Life Ins. Co., 594 F.3d 1087 (9th Cir. 2010): [W]hen a district court's class action certification is on appeal, we say that the overall standard of review is for abuse of discretion. *** In addition, when any particular underlying Rule 23 determination involving a discretionary determination is appealed, ...
From Yokoyama v. Midland Nat’l Life Ins. Co., 594 F.3d 1087 (9th Cir. 2010): [W]hen a district court’s class action certification is on appeal, we say that the overall standard of review is for abuse of discretion. *** In addition,…
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Enrolling and Enforcing a Foreign Judgment under Uniform Enforcement of Foreign Judgments Act = Transacting Business in the State and Subjects Filer to Personal Jurisdiction

From St. Paul Mercury Ins. Co. v. Cueto, 2010 U.S. Dist. LEXIS 20020 (D. Md. Mar. 5, 2010): The Maryland courts have not yet addressed the question of whether enrollment of foreign judgments constitutes purposeful availment of state law and satisfies the "[t]ransacts any business" requirement of the state's long-arm statute. Even outsi ...
From St. Paul Mercury Ins. Co. v. Cueto, 2010 U.S. Dist. LEXIS 20020 (D. Md. Mar. 5, 2010): The Maryland courts have not yet addressed the question of whether enrollment of foreign judgments constitutes purposeful availment of state law and…
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Magistrate Judge’s Denial of Motion to Stay Arbitration Is Non-Dispositive and Reviewed under Clearly Erroneous / Contrary to Law Standard — Issue of First Impression

From Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. 2010): The Federal Magistrates Act confers authority upon district judges to designate magistrate judges to hear pretrial motions. 28 U.S.C. § 636(b)(1). Magistrate judges serve as aides to, and under the supervision of, district judges; but magistrate judges are not themselve ...
From Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. 2010): The Federal Magistrates Act confers authority upon district judges to designate magistrate judges to hear pretrial motions. 28 U.S.C. § 636(b)(1). Magistrate judges serve as aides to, and…
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Res Judicata Effect of Federal Judgment Rendered in Diversity Case Determined by State Law — New York and Federal Law Substantially the Same

From Rafter v. Liddle, 2010 U.S. Dist. LEXIS 33952 (S.D.N.Y. Mar. 30, 2010): As an initial matter, the Court will examine whether New York or federal preclusion law (also referred to as res judicata) applies. In the Previous Action, the district court exercised diversity jurisdiction. *** Where a decision "claimed to have preclusive e ...
From Rafter v. Liddle, 2010 U.S. Dist. LEXIS 33952 (S.D.N.Y. Mar. 30, 2010): As an initial matter, the Court will examine whether New York or federal preclusion law (also referred to as res judicata) applies. In the Previous Action, the…
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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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