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

Arbitrator’s Failure to Rule on Recusal Motion Does Not Require Vacatur of Award Where American Arbitration Association Has Considered Motion

From Regnery Publishing, Inc. v. Miniter, 2010 U.S. App. LEXIS 5746 (D.C. Cir. Mar. 17, 2010): Appellant has not shown that the arbitrator's failure to rule on appellant's motion for recusal required vacatur of an arbitration award as set forth in the Federal Arbitration Act, 9 U.S.C. § 10(a), in light of the American Arbitration Associa ...
From Regnery Publishing, Inc. v. Miniter, 2010 U.S. App. LEXIS 5746 (D.C. Cir. Mar. 17, 2010): Appellant has not shown that the arbitrator’s failure to rule on appellant’s motion for recusal required vacatur of an arbitration award as set forth…
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RICO — Limited Partners Lack Standing to Sue for Injuries to Limited Partnership

From Desoto v. Condon, 2010 U.S. App. LEXIS 6093 (9th Cir. Mar. 24, 2010): Tommy Desoto and others who are limited partners of Trago LP, shareholders of Trago International, or creditors of Trago LP (collectively, Desoto) appeal the district court's order dismissing with prejudice their Racketeer Influenced and Corrupt Organizations Act ...
From Desoto v. Condon, 2010 U.S. App. LEXIS 6093 (9th Cir. Mar. 24, 2010): Tommy Desoto and others who are limited partners of Trago LP, shareholders of Trago International, or creditors of Trago LP (collectively, Desoto) appeal the district court’s…
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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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Recent Posts

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

“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

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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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