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

RICO: Party Who Signed Security Agreement on Promise Bank Wd Destroy It after Using It to Defraud Regulators Not Causally Harmed by Fraud on Regulators — Res Judicata (State Court Judgment for Bank) Bars RICO Claim vs Bank

 Devon Drive Lionville, LP v. Parke Bancorp, Inc., 2019 U.S. App. LEXIS 31412 (3d Cir. Oct. 22, 2019): Those who agree to deceive the government may find themselves deceived. The parties here were in real es ...
Devon Drive Lionville, LP v. Parke Bancorp, Inc., 2019 U.S. App. LEXIS 31412 (3d Cir. Oct. 22, 2019): Those who agree to deceive the government may find themselves deceived. The parties here were in real estate together. Their business relationship…
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Unsolicited Email to Lawyer Whose Website Doesn’t Encourage Submission of Confidential Info Doesn’t Create Prospective Client Relationship Warranting Disqualification — Efficacy of Screens — Good Quotes Anti-Disqualification

Mihuti v. Mid Am. Clinical Labs., LLC, 2019 U.S. Dist. LEXIS 207179 (S.D. Ind. Dec. 2, 2019): I. Introduction This matter is before the Court on Plaintiff Layla Christina Mihuti's ...
Mihuti v. Mid Am. Clinical Labs., LLC, 2019 U.S. Dist. LEXIS 207179 (S.D. Ind. Dec. 2, 2019): I. Introduction This matter is before the Court on Plaintiff Layla Christina Mihuti's motion to disqualify Defendant Mid America Clinical Laboratories, LLC (MACL)'s…
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Rule 11 Sanctions Not to Deter Cases of First Impression (Good Quote) — Position Not Frivolous Even If Only (Non-Controlling) Circuit Decision Is to Contrary — Loss on Summary Judgment ≠ Sanctionable

Rule 11 Sanctions Not to Deter Cases of First Impression (Good Quote) — Position Not Frivolous Even If Only Circuit to Decide Issue Came Out Other Way — Loss on Summary Judgment ≠ Sanctionable  Lewis v. Hi ...
Rule 11 Sanctions Not to Deter Cases of First Impression (Good Quote) — Position Not Frivolous Even If Only Circuit to Decide Issue Came Out Other Way — Loss on Summary Judgment ≠ Sanctionable  Lewis v. Hiday & Ricke, P.A., …
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Disqualification: Ex-Govt. Lawyers & Rule 1.11 — Meaning of “Matter,” “Personal & Substantial Participation” (1.11(a)) — Rule 1.9(a) Ousted by Rule 1.11 — Govt. Filing Doc in Court Means It’s Not Confidential Govt. Info

 Martley v. City of Basehor, 2019 U.S. Dist. LEXIS 206058 (D. Kan. Nov. 27, 2019): MEMORANDUM AND ORDER On October 9, 2019, the Court convened a motion hearing to addre ...
Martley v. City of Basehor, 2019 U.S. Dist. LEXIS 206058 (D. Kan. Nov. 27, 2019): MEMORANDUM AND ORDER On October 9, 2019, the Court convened a motion hearing to address Defendant's Motion to Disqualify Patrick Reavey as Plaintiff's Counsel (ECF …
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Sanctions: Vexatious Litigant Injunction Should Be Sought in District Court in First Instance — Circuit-Wide Filing Injunction OK If Multiple Courts, Claims Have Been Raised

 Clements v. 3M Elec. Monitoring, 2019 U.S. App. LEXIS 35220 (115h Cir. Nov.25, 2019) (unpublished): PER CURIAM: Louis Clements, proceeding pro se, sued 3M Electronic Monitoring (" ...
Clements v. 3M Elec. Monitoring, 2019 U.S. App. LEXIS 35220 (115h Cir. Nov.25, 2019) (unpublished): PER CURIAM: Louis Clements, proceeding pro se, sued 3M Electronic Monitoring ("3M")1 in federal court alleging that an ankle-monitoring bracelet 3M manufactured was …
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Doubts Resolved in Favor of Disqualification But Movant’s Burden Is Heavy — Substantially Related = (1) Received Confidential Info Usable against Ex-Client Or (2) Facts of Old Representation Are Relevant to New

 Fragoso v. Piao, 2019 U.S. Dist. LEXIS 175523 (D.N.J. Oct. 9, 2019): This matter comes before the Court upon Defendants Zhejun Piao ("Piao"), Miyeon Choi ("Choi"), and Massage 4 ...
Fragoso v. Piao, 2019 U.S. Dist. LEXIS 175523 (D.N.J. Oct. 9, 2019): This matter comes before the Court upon Defendants Zhejun Piao ("Piao"), Miyeon Choi ("Choi"), and Massage 4 All NJ 7, LLC's (the "business") (collectively, "Defendants") Motion to Disqualify …
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Judicial Notice of Internet Evidence: Public Records and Government Documents from Reliable Sources on the Internet

 Coleman v. Detroit Metro. Airport, 2019 U.S. Dist. LEXIS 194562 (E.D. Mich. Nov. 8, 2019): 1 See United States v. Coleman, No. 1:07-CR-233 (N.D. Ga. Jan. 25, 2019). Public reco ...
Coleman v. Detroit Metro. Airport, 2019 U.S. Dist. LEXIS 194562 (E.D. Mich. Nov. 8, 2019): 1 See United States v. Coleman, No. 1:07-CR-233 (N.D. Ga. Jan. 25, 2019). Public records and government documents, including those available from reliable sources on …
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Court of Appeals Always Reluctant to Create Circuit Split, Especially In Bankruptcy Law, Which Requires Uniformity

 Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm. (In re Ultra Petroleum Corp.), 2019 U.S. App. LEXIS 35489 (5th Cir. Nov. 26, 2019): ON PETITION FOR REHEARING ANDREW S. OLDHAM, Circuit Judge:
Keystone Gas Gathering, L.L.C. v. Ad Hoc Comm. (In re Ultra Petroleum Corp.), 2019 U.S. App. LEXIS 35489 (5th Cir. Nov. 26, 2019): ON PETITION FOR REHEARING ANDREW S. OLDHAM, Circuit Judge: Treating the Appellees' and Intervenors' Joint Petition for…
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Appeals: District Court’s Interpretation of Local Rules Reviewed for Abuse of Discretion — D.Ct. May Disregard Counterstatement of Undisputed Facts As Not Contemplated by Rule Requiring Statement of Undisputed Facts on Summary Judgment

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (unpublished): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of
Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (unpublished): *1 Appellant Rau claims that Allstate handled her underinsured motorist claim in bad faith, in violation of 42 Pa. C.S.A. § 8371.…
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Facebook/Social Media Authentication — West Virginia Adopts Liberal, Circumstantial Evidence Approach — Testimony from Conversant, Witness to Party Sending or Receiving, or Distinctive Characteristics Sufficient

 State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court ...
State v. Benny W., 2019 W. Va. LEXIS 487 (W. Va. Sup. Ct. of App. Oct. 18, 2019): This appeal was brought by Benny W. (hereinafter "Petitioner") from the April 4, 2018, order of the Circuit Court of Ritchie County…
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Recent Posts

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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

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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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