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

Summary Judgment Granted to Plaintiff on Champerty Claim — Expert Opinion as to Law Barred

From Del Webb Communities, Inc. v. Partington, 2009 U.S. Dist. LEXIS 85616 (D. Nev. Sept. 18, 2009): MAINTENANCE AND CHAMPERTY Both parties have moved for summary judgment as to Del Webb's claims for maintenance and champerty. Maintenance and champerty are closely related common law doctrines. Maintenance "is ...
From Del Webb Communities, Inc. v. Partington, 2009 U.S. Dist. LEXIS 85616 (D. Nev. Sept. 18, 2009): MAINTENANCE AND CHAMPERTY Both parties have moved for summary judgment as to Del Webb’s claims for maintenance and champerty. Maintenance and champerty are…
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Sanctions — Refusal to Hold Law Firm Vicariously Liable Upheld — No Interest on Award Despite Seven Year Delay in Issuing Sanctions Where Interest Not Requested in Motion

In Rents v. Dynasty Apparel Indus., 2009 U.S. App. LEXIS 2623 (6th Cir. Feb. 11, 2009), the court found that there was no factual basis for the claims asserted against certain defendants (the Warfield Defendants). The plaintiff was not sanctioned because he did not distort the facts and was not blamed for his lawyers’ pursuit of mixed claims of law and fac ...
In Rents v. Dynasty Apparel Indus., 2009 U.S. App. LEXIS 2623 (6th Cir. Feb. 11, 2009), the court found that there was no factual basis for the claims asserted against certain defendants (the Warfield Defendants). The plaintiff was not sanctioned…
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Spoliation — Bribery and Intimidation of Witness by Third Party Is Spoliation If Attributable to Party, and Evidence Not Precluded by Rule 404(b)

From Holloway v. Trombly, 2009 U.S. Dist. LEXIS 8439 (E.D. Mich. Feb. 3, 2009), a habeas corpus proceeding: Barbee [the victim] said at trial that he was worried and scared and did not want to testify. He explained that on the morning of the preliminary examination, an unknown gunman appeared on his porch, although he did not know if th ...
From Holloway v. Trombly, 2009 U.S. Dist. LEXIS 8439 (E.D. Mich. Feb. 3, 2009), a habeas corpus proceeding: Barbee [the victim] said at trial that he was worried and scared and did not want to testify. He explained that on…
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RICO — § 1962(b) Requirements — Inadequacy of 18 U.S.C. § 1346, Alone, as a Predicate Act

From Adams v. County of Erie, 2009 U.S. Dist. LEXIS 87289 (W.D. Pa. Sept. 23, 2009): To establish a claim under § 1962(b), the Plaintiff must allege an injury from the Defendants' acquisition or control of an interest in a RICO enterprise, in addition to injury from the predicate acts. Lightening Lube, Inc. v. Witco Corp., 4 F.3d ...
From Adams v. County of Erie, 2009 U.S. Dist. LEXIS 87289 (W.D. Pa. Sept. 23, 2009): To establish a claim under § 1962(b), the Plaintiff must allege an injury from the Defendants’ acquisition or control of an interest in a…
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Email Authentication — Recipient’s Testimony Sufficient — No Rule 37(c)(1) Prejudice from 26(a)(1) Nondisclosure of Person Actually Deposed

From U.S. EEOC v. Olsten Staffing Servs. Corp., 2009 U.S. Dist. LEXIS 88903 (W.D. Wis. Sept. 28, 2009): The EEOC authenticates the e-mail through the testimony of Sue Horne, who is the human resources manager for Main Street Ingredients and who personally retrieved the e-mail from Main Street's computer. Olsten argues that only the
From U.S. EEOC v. Olsten Staffing Servs. Corp., 2009 U.S. Dist. LEXIS 88903 (W.D. Wis. Sept. 28, 2009): The EEOC authenticates the e-mail through the testimony of Sue Horne, who is the human resources manager for Main Street Ingredients and…
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§ 1404(a) Transfer of Venue — Location of Physical Evidence Remains a Relevant Consideration Even in the Age of Electronic Discovery

From Novartis Vaccines and Diagnostics, Inc. v. Bayer Healthcare LLC, 2009 U.S. Dist. LEXIS 89117 (E.D. Tex. Sept. 28, 2009): That access to some sources of proof presents a lesser inconvenience now than it might have absent recent developments does not render this factor superfluous." [Volkswagen of America, Inc., 545 F.3d 304, 3 ...
From Novartis Vaccines and Diagnostics, Inc. v. Bayer Healthcare LLC, 2009 U.S. Dist. LEXIS 89117 (E.D. Tex. Sept. 28, 2009): That access to some sources of proof presents a lesser inconvenience now than it might have absent recent developments does…
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Effect of Corporate Counsel’s Failure to Document Upjohn Warning Is Privilege — Ninth Circuit Declines to Adopt Special Test for Assessing Whether Officer’s Statement to Corporate Counsel Is Privileged and, If So, Whether Company May Waive It

From United States v. Ruehle, 2009 U.S. App. LEXIS 21450 (9th Cir. Sept. 30, 2009) (Irell is corporate counsel for Broadcom, and Ruehle was the CFO of the Company at the time of Irell’s internal investigation): [Failure to Document Upjohn Warnings] [Footnote 3] At the evidentiary hearing the Irell attorneys t ...
From United States v. Ruehle, 2009 U.S. App. LEXIS 21450 (9th Cir. Sept. 30, 2009) (Irell is corporate counsel for Broadcom, and Ruehle was the CFO of the Company at the time of Irell’s internal investigation): [Failure to Document Upjohn…
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Does a Forum Selection Clause that Specifies a Particular County — But Not a Court System — Confer Jurisdiction on the Federal District Court that Encompasses, But Is Not Located in, the County? Circuit Split

From Nahigian v. Juno-Louduon, LLC, 2009 U.S. Dist. LEXIS 89133 (E.D. Va. Sept. 28, 2008): [Geographic vs. Sovereign Restriction] The Agreement provides that: "In connection with any litigation between Buyer and Seller arising out of this Agreement . . . [t]he sole venue for any litigation shall be Loudoun County, Vir ...
From Nahigian v. Juno-Louduon, LLC, 2009 U.S. Dist. LEXIS 89133 (E.D. Va. Sept. 28, 2008): [Geographic vs. Sovereign Restriction] The Agreement provides that: “In connection with any litigation between Buyer and Seller arising out of this Agreement . . .…
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Erie May Trump Deferral to Federal Precedent Construing State Law

From Rutherford Columbia Gas, 575 F.3d 616 (6th Cir. 2009) (dissenting opinion): In certain cases, our "duty" to properly determine and apply state law comes into conflict with the interests that normally would support our deferring to prior precedent. In such cases, some courts have recognized that the obligation to properly determine ...
From Rutherford Columbia Gas, 575 F.3d 616 (6th Cir. 2009) (dissenting opinion): In certain cases, our “duty” to properly determine and apply state law comes into conflict with the interests that normally would support our deferring to prior precedent. In…
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Burford Abstention Inappropriate for Local Ordinance — Burford’s Focus Is State, Not Local Policy — Circuit Split

From Saginaw Housing Comm’n v. Bannum, Inc., 576 F.3d 620 (6th Cir. 2009): The question in this appeal is one of first impression in this circuit: whether a federal court should abstain from a decision involving the interpretation of a local land use ordinance. We find that it should not. Every case in which we have found Burford< ...
From Saginaw Housing Comm’n v. Bannum, Inc., 576 F.3d 620 (6th Cir. 2009): The question in this appeal is one of first impression in this circuit: whether a federal court should abstain from a decision involving the interpretation of a…
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Recent Posts

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

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

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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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