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

Tripartite Arbitration Panel’s Ex Parte Session with Expert Did Not Violate Federal Arbitration Act or Vitiate Award — Test Is Fundamental Fairness — Prejudice Required for Violation of § 10(a)(3) of FAA

From U.S. Life Ins. Co. v. Superior Nat’l Ins. Co., 591 F.3d 1167 (9th Cir. 2010): We are asked to determine whether an arbitration panel violated the Federal Arbitration Act (FAA), 9 U.S.C. §§ 2-16. The process employed by the arbitration panel, which included an ex parte meeting with panel-retained workers' compensation experts, wa ...
From U.S. Life Ins. Co. v. Superior Nat’l Ins. Co., 591 F.3d 1167 (9th Cir. 2010): We are asked to determine whether an arbitration panel violated the Federal Arbitration Act (FAA), 9 U.S.C. §§ 2-16. The process employed by the…
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RICO § 1962(a) and (b) Requirements

From Carmona v. Spanish Broad. Sys., 2009 U.S. Dist. LEXIS 26479 (S.D.N.Y. Mar. 30, 2009): To succeed under 1962(a), the alleged use or investment injury must be "distinct from the injuries resulting from predicate acts" themselves. Conclusory allegations that defendants used or invested income received from plaintiffs are insufficient ...
From Carmona v. Spanish Broad. Sys., 2009 U.S. Dist. LEXIS 26479 (S.D.N.Y. Mar. 30, 2009): To succeed under 1962(a), the alleged use or investment injury must be “distinct from the injuries resulting from predicate acts” themselves. Conclusory allegations that defendants…
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Motions for Reconsideration under Rule 59(e) — Standards — Third Circuit

From Peng v. Gabay, 2009 U.S. Dist. LEXIS 121004 (D.N.J. Dec. 29, 2009): Motion for Reconsideration A motion to reconsider, pursuant to FED. R. CIV. P. 59(e) and L. CIV. R. 7.1(i), is "an extremely limited procedural vehicle," and requests pursuant to these rules are to be granted "sparingly." P. Schoenfeld Asset Mgmt ...
From Peng v. Gabay, 2009 U.S. Dist. LEXIS 121004 (D.N.J. Dec. 29, 2009): Motion for Reconsideration A motion to reconsider, pursuant to FED. R. CIV. P. 59(e) and L. CIV. R. 7.1(i), is “an extremely limited procedural vehicle,” and requests…
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Sanctions — PSLRA Mandatory Rule 11 Review Triggered by Summary Judgment on Federal Securities Claims Even If Pendent State Law Claims Dismissed without Prejudice

From Libaire v. Kaplan, 2010 U.S. Dist. LEXIS 4640 (E.D.N.Y. Jan. 21, 2010): Under the PSLRA, "upon final adjudication of the action" a court is required to make specific findings regarding compliance with each requirement of Rule 11(b). See 15 U.S.C. § 78u-4(c)(1). Relying upon Unite Here v. Cintas Corp., 500 F. Supp. 2 ...
From Libaire v. Kaplan, 2010 U.S. Dist. LEXIS 4640 (E.D.N.Y. Jan. 21, 2010): Under the PSLRA, “upon final adjudication of the action” a court is required to make specific findings regarding compliance with each requirement of Rule 11(b). See 15…
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Substantive Causation Requirements Do Not Control the Admissibility of Expert Evidence Offered on the Issue of Causation

From Lofton v. McNeil Consumer & Specialty Pharm., 2010 U.S. Dist. LEXIS 6390 (N.D. Tex. Jan. 27, 2010): The court next considers Defendants' argument that [ Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S.W.2d 706 (Tex. 1997)] controls the court's determination of relevancy in the context of the admissibility of expert testim ...
From Lofton v. McNeil Consumer & Specialty Pharm., 2010 U.S. Dist. LEXIS 6390 (N.D. Tex. Jan. 27, 2010): The court next considers Defendants’ argument that [ Merrell Dow Pharmaceuticals, Inc. v. Havner, 953 S.W.2d 706 (Tex. 1997)] controls the court’s…
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Sovereign Immunity — Education Department Immune from FDCPA Suit Relating to Student Loan — Unequivocal Congressional Waiver Required

From Ha v. U.S. Dep’t of Educ., 2010 U.S. Dist. LEXIS 2870 (D.D.C. Jan. 14, 2010): Incredibly, the determination of whether the FDCPA contains a waiver of sovereign immunity is a matter of first impression within our Circuit. At least one U.S. Court of Appeals and several U.S. District Courts, however, have evaluated this issue and fou ...
From Ha v. U.S. Dep’t of Educ., 2010 U.S. Dist. LEXIS 2870 (D.D.C. Jan. 14, 2010): Incredibly, the determination of whether the FDCPA contains a waiver of sovereign immunity is a matter of first impression within our Circuit. At least…
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Post-Judgment Amendment of Complaint

From In re Assicurazioni Generali, S.P.A., 2010 U.S. App. LEXIS 953 (2d Cir. Feb. 9, 2010): The filing of an amended complaint is not permissible once a judgment is entered unless the judgment is set aside or vacated pursuant to Rule 59 of the Federal Rules of Civil Procedure. Nat'l Petrochemical Co. of Iran v. M/T Stolt Sheaf, 9 ...
From In re Assicurazioni Generali, S.P.A., 2010 U.S. App. LEXIS 953 (2d Cir. Feb. 9, 2010): The filing of an amended complaint is not permissible once a judgment is entered unless the judgment is set aside or vacated pursuant to…
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“Something More” Is Not Required for Parent + Subsidiary to Constitute a RICO Enterprise — Circuit Split

From Watts v. Allstate Indem. Co., 2009 U.S. Dist. LEXIS 56275 (E.D. Cal. July 1, 2009): Defendants also argue that a parent corporation is not distinct from its subsidiary for purposes of a section 1962(c) claim. Section 1962(c) requires a person "associated with" an enterprise. 18 U.S.C. § 1962(c). Courts have held that because an en ...
From Watts v. Allstate Indem. Co., 2009 U.S. Dist. LEXIS 56275 (E.D. Cal. July 1, 2009): Defendants also argue that a parent corporation is not distinct from its subsidiary for purposes of a section 1962(c) claim. Section 1962(c) requires a…
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Inherent Power — Professional Plaintiff Cannot Show Good Faith by Claiming Reliance on Advice of Counsel, Particularly when Reasserting Claims Repeatedly Rejected by Other Courts

From Stalley v. Mountain States Health Alliance, 2010 U.S. Dist. LEXIS 8643 (E.D. Tenn. Feb. 2, 2010): Plaintiff — along with his partner in litigation, Erin Brockovich — filed numerous lawsuits in federal courts across the country, claiming the Medicare Secondary Payer Act ("MSP"), 42 U.S.C. § 1395y(b), was a qui tam statute ...
From Stalley v. Mountain States Health Alliance, 2010 U.S. Dist. LEXIS 8643 (E.D. Tenn. Feb. 2, 2010): Plaintiff — along with his partner in litigation, Erin Brockovich — filed numerous lawsuits in federal courts across the country, claiming the Medicare…
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Applying Daubert and Rule 702 to Historians’ Testimony

From Saginaw Chippewa Indian Tribe of Mich. v. Granholm, 2010 U.S. Dist. LEXIS 9498 (E.D. Mich. Feb. 4, 2010): The Daubert factors are not particularly helpful in this case. See First Tenn. Bank Nat. Ass'n v. Barreto, 268 F.3d 319, 335 (6th Cir. 2001) (citing United States v. Jones, 107 F.3d 1147, 1158 (6th Cir. 199 ...
From Saginaw Chippewa Indian Tribe of Mich. v. Granholm, 2010 U.S. Dist. LEXIS 9498 (E.D. Mich. Feb. 4, 2010): The Daubert factors are not particularly helpful in this case. See First Tenn. Bank Nat. Ass’n v. Barreto, 268 F.3d 319,…
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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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