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

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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Federal Arbitration Act § 10(a)(4) — Whether Arbitrator Exceeded Authority — Standards — Arbitration Agreement Must Require Explication of Reasoning

From In re Texans-Cuso Ins. Group, LLC, 421 B.R. 769 (Bankr. N.D. Tex. 2009): The Debtor relies on section 10(a)(4) of the FAA *** for its argument that the Accounting Arbitration Award should be vacated. The FAA provides that an arbitration award may be vacated when "the arbitrators exceeded their powers, or so imperfectly executed t ...
From In re Texans-Cuso Ins. Group, LLC, 421 B.R. 769 (Bankr. N.D. Tex. 2009): The Debtor relies on section 10(a)(4) of the FAA *** for its argument that the Accounting Arbitration Award should be vacated. The FAA provides that an…
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Ipse Dixit Pleading after Iqbal

From Willey v. J.P. Morgan Chase, N.A., 2009 U.S. Dist. LEXIS 57826 (S.D.N.Y. July 7, 2009): [I]pse dixit pleading is insufficient. *** Iqbal unequivocally rejects the notion that conclusory statements unsupported by factual allegations can subject a defendant to the burdens of discovery. Quoted with approval ...
From Willey v. J.P. Morgan Chase, N.A., 2009 U.S. Dist. LEXIS 57826 (S.D.N.Y. July 7, 2009): [I]pse dixit pleading is insufficient. *** Iqbal unequivocally rejects the notion that conclusory statements unsupported by factual allegations can subject a defendant to the…
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Securities — What Does It Mean to “Make” a Statement within 10b-5? — First Circuit En Banc — Good Quotes on Statutory Construction

From SEC v. Tambone, 2010 U.S. App. LEXIS 5031 (1st Cir. March 10, 2010): Rule 10b-5(b), promulgated by the Securities and Exchange Commission (SEC) under the aegis of section 10(b) of the Securities Exchange Act of 1934 (Exchange Act), renders it unlawful "[t]o make any untrue statement of a material fact . . . in connection with the pur ...
From SEC v. Tambone, 2010 U.S. App. LEXIS 5031 (1st Cir. March 10, 2010): Rule 10b-5(b), promulgated by the Securities and Exchange Commission (SEC) under the aegis of section 10(b) of the Securities Exchange Act of 1934 (Exchange Act), renders…
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RICO — Distinctiveness Requirement of § 1962(c) Unsatisfied by Enterprise Alleged to Consist of Defendants (Dentist and PCs He Formed to Defraud Insurer)

From State Farm Mut. Auto. Ins. Co. v. Cohan, 2009 U.S. Dist. LEXIS 125653 (E.D.N.Y. Dec. 30, 2009): The plaintiff argues, first, that it has sufficiently alleged that the defendants constitute an "association-in-fact enterprise" for RICO purposes. RICO defines an enterprise as "any individual, partnership, corporation, association, or ot ...
From State Farm Mut. Auto. Ins. Co. v. Cohan, 2009 U.S. Dist. LEXIS 125653 (E.D.N.Y. Dec. 30, 2009): The plaintiff argues, first, that it has sufficiently alleged that the defendants constitute an “association-in-fact enterprise” for RICO purposes. RICO defines an…
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Attorney-Client Privilege — Crime-Fraud Exception — 7th Circuit Standards

From United States v. Boender, 2010 U.S. Dist. LEXIS 20670 (N.D. Ill. Mar. 8, 2010): Unless limited by the U.S. Constitution, an Act of Congress, or a Supreme Court Rule, privileges are "governed by the principles of the common law as they may be interpreted by the courts of the United States in light of reason and experience." Fed. R. ...
From United States v. Boender, 2010 U.S. Dist. LEXIS 20670 (N.D. Ill. Mar. 8, 2010): Unless limited by the U.S. Constitution, an Act of Congress, or a Supreme Court Rule, privileges are “governed by the principles of the common law…
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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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