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

Under Fed. R. Civ. P. 25(a)(1), Does the 90-Day Period for Substitution Run from Service of Suggestion of Death on the Parties, Or Must the Non-Party Executor (Or Person Most Likely to Be Named Executor) Also Be Served? (Circuit Split)

 Jaudon v. Sasser, 2019 U.S. Dist. LEXIS 37787 (S.D. Ga. Mar. 8, 2019): ORDER This matter is before the Court on Defendants' Objection to the Magistrate Judge's December ...
Jaudon v. Sasser, 2019 U.S. Dist. LEXIS 37787 (S.D. Ga. Mar. 8, 2019): ORDER This matter is before the Court on Defendants' Objection to the Magistrate Judge's December 20, 2018 Order. (Docs. 43, 45.) For the reasons set forth [*2] …
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Possession of Professional (Law) License, Absent Practice in State, Insufficient to Confer Personal Jurisdiction — No Private Right of Action under Mail, Wire Fraud Statutes

Robinson v. Section 23, Prop. Owners’ Ass’n, Inc., 2019 WL 4673954 (3d Cir. Sept. 25, 2019) (unpublished): OPINION* PER CURIAM *1 Albert Robinson alleges that he is a Texan living in Georgia. He filed in the United States District Court for the District of New Jersey an amended complaint nami ...
Robinson v. Section 23, Prop. Owners’ Ass’n, Inc., 2019 WL 4673954 (3d Cir. Sept. 25, 2019) (unpublished): OPINION* PER CURIAM *1 Albert Robinson alleges that he is a Texan living in Georgia. He filed in the United States District Court …
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Judicial Notice of Internet Evidence: “The Court Generally Has the Discretion to Take Judicial Notice of Internet Material” (Good Quote)

 Kennedy Stock, LLC v. NLS New York Inc., 2019 U.S. Dist. LEXIS 200811 (S.D.N.Y. Nov. 18, 2019) (Report and Recommendation): REPORT AND RECOMMENDATION TO THE HON. PAUL G. GARDEPHE
Kennedy Stock, LLC v. NLS New York Inc., 2019 U.S. Dist. LEXIS 200811 (S.D.N.Y. Nov. 18, 2019) (Report and Recommendation): REPORT AND RECOMMENDATION TO THE HON. PAUL G. GARDEPHE BARBARA MOSES, United States Magistrate Judge. Plaintiff Kennedy Stock, LLC…
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Fugitive Disentitlement Doctrine Applies in Civil Cases & to Appeals But Must Be Based on Misconduct in Instant Case Not Frustrating Another Court’s Jurisdiction, Judgment — Bankruptcy Automatic Stay Applies to Sanctions, Contempt

Kupperstein v. Schall (In re Kupperstein), 2019 WL 6044091 (1st Cir. Nov. 15, 2019): PREFACE *1 Five years ago, Thomas Sheedy bought Carol Thibodeau’s house for a pittance and gave it to appellant Donald Kupperstein, an attorney licensed in Massachusetts. The state court reversed the ...
Kupperstein v. Schall (In re Kupperstein), 2019 WL 6044091 (1st Cir. Nov. 15, 2019): PREFACE *1 Five years ago, Thomas Sheedy bought Carol Thibodeau’s house for a pittance and gave it to appellant Donald Kupperstein, an attorney licensed in Massachusetts. …
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Primary Jurisdiction Doctrine Generally Reserved for Issues of First Impression — Principal Reasons to Apply Doctrine

 Yashtinsky v. Walmart, Inc., 2019 U.S. Dist. LEXIS 198731 (W.D. Ark. Nov. 12, 2019): Before the Court is Defendant Walmart, Inc.'s ("Walmart") Motion to Dismiss or, in the Alternative, to Stay ...
Yashtinsky v. Walmart, Inc., 2019 U.S. Dist. LEXIS 198731 (W.D. Ark. Nov. 12, 2019): Before the Court is Defendant Walmart, Inc.'s ("Walmart") Motion to Dismiss or, in the Alternative, to Stay the Action. (Doc. 23). For the reasons set forth…
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Social Media Photographs — Authentication Depends on Proffer — If Offered for Identification, Only Fair & Accurate Portrayal Test — To Link Person to Photo for Other Purposes, Link Person to Page

Commonwealth v. Ford, 2019 Pa. Super. Unpub. LEXIS 3598 (Pa. Super. Ct. Sept. 23, 2019) (non-precedential): Raheem B. Ford appeals from the July 18, 2018 judgment of sentence entered by the Court of C ...
Commonwealth v. Ford, 2019 Pa. Super. Unpub. LEXIS 3598 (Pa. Super. Ct. Sept. 23, 2019) (non-precedential): Raheem B. Ford appeals from the July 18, 2018 judgment of sentence entered by the Court of Common Pleas of Philadelphia County following his …
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Daubert : Proponent’s Burden Is Reliability, Not Correctness — Non-Lawyer Technical Expert May Opine on Infringement

 Arason Enters. v. CabinetBed Inc., 2019 U.S. Dist. LEXIS 162008 (D. Colo. Sept. 23, 2019): This matter is before the Court on Defendant CabinetBed Inc.'s Motion to Exclude Testimony of Adrian Slattery o ...
Arason Enters. v. CabinetBed Inc., 2019 U.S. Dist. LEXIS 162008 (D. Colo. Sept. 23, 2019): This matter is before the Court on Defendant CabinetBed Inc.'s Motion to Exclude Testimony of Adrian Slattery on Alleged Infringement [Docket No. 62] and Defendant…
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Appealability of Attorney Criticism Absent Sanctions — Good Discussion of Spectrum — Actual Finding of Prof’l Misconduct Appealable — Warning Given in Denying Sanctions Not, Nor Is Referral to Disciplinary Comm. without Finding of Misconduct

Montalto v. Miss. Dept. of Corrections, 2019 WL 4296699 (5th Cir. Sept. 11, 2019): *1 Mississippi inmate Stephen Montalto filed a § 2254 petition for habeas relief seeking reinstatement of his earned-release supervision (ERS) and trusty time. Montalto alleged that the Mississippi Department of Corrections (MDOC) had ...
Montalto v. Miss. Dept. of Corrections, 2019 WL 4296699 (5th Cir. Sept. 11, 2019): *1 Mississippi inmate Stephen Montalto filed a § 2254 petition for habeas relief seeking reinstatement of his earned-release supervision (ERS) and trusty time. Montalto alleged that…
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Inherent Power: Court Should Fashion Sanction That Is “Direct Response to the Harm” — Defiance of Court Order = Bad Faith — Court Need Not Use “Magic Words ‘Bad Faith’” (Good Quotes) — $7,000 Sanction for Ignoring Order to Pay $700 OK

Ibezim v. George Grp., Inc., 2019 WL 4668135 (11th Cir. Sept. 25, 2019) (unpublished): *1 This is a fight over fees. The appellant Michael Ibezim sued The GEO Group, Inc., his former employer, for employment discrimination. He lost. But before he lost, Ibezim and GEO Group agreed to mediate the case, choosing ATD Medi ...
Ibezim v. George Grp., Inc., 2019 WL 4668135 (11th Cir. Sept. 25, 2019) (unpublished): *1 This is a fight over fees. The appellant Michael Ibezim sued The GEO Group, Inc., his former employer, for employment discrimination. He lost. But before…
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Rule 11 Sanctions for Factually Misleading Complaint That Failed to Attach or Fully Explain Terms of Contract on Which It Relied — Compensatory Attorney’s Fees Appropriate Regardless of Receipient’s Indemnification by Third Party

  Superior Consulting Servs., Inc.v. Steeves-Kiss, 2019 WL 4318903 (9th Cir. Sept. 12, 2019): MEMORANDUM* Superior Consulting Services (“Superior”) appeals the district court’s dismissal with prejudice of its First Amended Complaint for common law unfair competition and conversion, as well as the district court’ ...
Superior Consulting Servs., Inc.v. Steeves-Kiss, 2019 WL 4318903 (9th Cir. Sept. 12, 2019): MEMORANDUM* Superior Consulting Services (“Superior”) appeals the district court’s dismissal with prejudice of its First Amended Complaint for common law unfair competition and conversion, as well as…
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Recent Posts

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

RICO and Injunctions: (1) State Court Actions Designed to Perpetuate and Monetize a RICO Violation Are Enjoinable under RICO, Even Though They Are Not Themselves Alleged to Be Predicate Acts [Note: Noerr Pennington Applies in RICO Actions] — (2) Although Civil RICO’s Text and Legislative History Fail to Reveal Any Intent to Override the Provisions of the Federal Arbitration Act, Arbitrations Are Enjoinable Under the “Effective Vindication” Doctrine Where They Operate As a Prospective Waiver of a Party’s Right to Pursue Statutory RICO Remedies — (3) Arbitration Findings May Be Given Collateral Estoppel Effect in a Civil RICO Action — (4) Injunction of Non-Corrupt State Court Litigations That Furthers a RICO Violation Are Enjoinable Under the Anti-Injunction Act’s “Expressly Authorized” Exception — (5) “The Irreparable Harm Requirement Is The Single Most Important Prerequisite For The Issuance Of A Preliminary Injunction” (Good Quote) — (6) When Injunction Is Based on “Serious Questions on the Merits” Rather Than “Likelihood of Success,” Court May Rely on Unverified Pleadings and Attached Exhibits to Assess the Merits, Unless the Opponent Has Raised Substantial Questions (Here, the Opponent Failed to Request an Evidentiary Hearing) — (7) Whether Amended Pleading Moots An Appeal Turns on Whether It Materially Changes the Substantive Basis for the Appeal — (8) Meaning of “In That” (“Used To Introduce A Statement That Explains Or Gives More Specific Information” About A Prior Statement)

RICO: Fraudulent Concealment Must Prevent Discovery of the Injury to Toll Statute of Limitations

Rule 37 Default Judgment Sanction: (1) Abuse of Discretion Review = Legal Conclusions De Novo. Factual Findings for Clear Error — (2) Client May Be Sanctioned for Misconduct of Its Counsel, Though Here Client Was Directly Involved in Bad Faith Misbehavior — (3) Is There A Difference, Under Rule 11 As Opposed to Rule 37, Concerning Whether A Client Can Be Sanctioned for Its Counsel’s Misconduct? — (4) While Sanctions of Last Resort (Dismissal/Default) Are Apt Only If Lesser Sanctions Wouldn’t Ensure Compliance, Rule 37 Doesn’t Require the Vain Gesture of First Imposing Lessert Sanctions When It Is Clear They Would be Ineffective — (5) Court’s Reconsideration of Non-Final Orders Is Governed by Rule 54(b), And Court’s Discretion under That Rule Is Governed by the Law-of-the-Case-Doctrine

RICO: (1) Special Pleading Requirements? — (2) Although Enterprise Must Be More Than a Summation of the Predicate Acts, The Predicate Acts Can Demonstrate the Existence of the Enterprise — (3) Requirement That Association-in-Fact Exist For Purposes Other Than Just to Commit Predicate Acts Merely Requires Continuity — (4) To State an Association-in-Fact Enterprise Consisting of One Natural Person and Collection of Legal Fictions Requires Factual Detail As to How They Acted Together — (5) “A § 1962(c) Enterprise Must Be More Than An Association of Individuals Or Entities Conducting the Normal Affairs of a Defendant Corporation” (Good Quote)

RICO: (1) Fee Award May Exceed Amount Recovered — Strict Proportionality Not Required — (2) Nonmonetary Benefits and Injunctive Relief Recovered Also Relevant Factors — (3) Loss on Some Claims Need Not Result in Lowered Fees, Especially When Both Arise Out of The Same Nucleus of Operative Facts

RICO: Indirect Purchasers (Car Buyers/Renters) Lack Standing to Sue Manufacturers for RICO Violations Even Though Intermediaries (Auto Dealer Direct Purchasers) Lack Any Damages

RICO: Statutory Requirement that RICO Be Liberally Construed Does Not Establish a More Liberal Pleading Standard for RICO Claims — “To Be Sure, Adequately Pleading a RICO Claim Can Be Challenging” (Good Quote) — Court May Dismiss Action Pursuant to Rule 41(b) Absent A Motion

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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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