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

R. 37 Sanctions — Default Judgment — Bad Faith/Willfulness/Fault —Well-Pleaded Allegations Must Show Liability As a Matter of Law — Failure to Object to Magistrate Judge R&R Waives Review — Discretionary Review for Plain Error

 Isigi v. Dorvilier, 2019 U.S. App. LEXIS 38054, 2019 WL 6997902 (2d Cir. Dec. 19, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDER ...
Isigi v. Dorvilier, 2019 U.S. App. LEXIS 38054, 2019 WL 6997902 (2d Cir. Dec. 19, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on April 2, 2018, is…
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Waiver of Right to Arbitrate — 3 Factors — 18 Month Delay, Litigation of Motion to Dismiss Effects Waiver — What Constitutes Prejudice to Opponent

Flores v. Adir Int'l, LLC, 2019 U.S. App. LEXIS 37262 (9th Cir. Dec. 17, 2019) (unpublished): MEMORANDUM* Defendant-Appellant Adir Internat ...
Flores v. Adir Int'l, LLC, 2019 U.S. App. LEXIS 37262 (9th Cir. Dec. 17, 2019) (unpublished): MEMORANDUM* Defendant-Appellant Adir International, LLC (Adir) appeals the district court's denial of its motion to compel arbitration in an action brought by Plaintiff-Appellee…
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Arbitration: Public Policy Defense to Enforcement in N.Y. Convention Is Very Narrow — Must Be Explicit, Well-Defined, Dominant — Must Violate Most Basic Notions of Morality — Loss of Federal Statutory Claim Not Enough

 Cvoro v. Carnival Corp., 2019 U.S. App. LEXIS 30940 (11th Cir. Oct. 17, 2019): Plaintiff Sladjana Cvoro appeals the district court's denial of her petition to "vacate and/or alternatively to deny r ...
Cvoro v. Carnival Corp., 2019 U.S. App. LEXIS 30940 (11th Cir. Oct. 17, 2019): Plaintiff Sladjana Cvoro appeals the district court's denial of her petition to "vacate and/or alternatively to deny recognition and enforcement" of the foreign arbitral award in…
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RICO Extortion: Hobbs Act Requires Plaintiff Part with $ — Not Enough to Claim Right to $ Def Possesses — “Wrongful” Requires Def Have No Lawful Claim to $ in Dispute — Market Power Alone Doesn’t Invalidate Contract Freely Entered (Good Quote)

Crawford's Auto Ctr. v. State Farm Mut. Auto. Ins. Co., 2019 U.S. App. LEXIS 37964, 2019 WL 6974428 (11th Cir. Dec. 20, 2019): *1 Plaintiffs Crawford’s Auto Center, Inc. and K & ...
Crawford's Auto Ctr. v. State Farm Mut. Auto. Ins. Co., 2019 U.S. App. LEXIS 37964, 2019 WL 6974428 (11th Cir. Dec. 20, 2019): *1 Plaintiffs Crawford’s Auto Center, Inc. and K & M Collision, LLC are two auto body …
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Spoliation Sanctions: Seventh Circuit Requires Bad Faith Based on Pre-37(e) Case Law, While Citing Rule 37(e) Which Does Not Require It — Is a Video “Electronically-Stored Information?”

 Conner v. Rubin-Asch, 2019 U.S. App. LEXIS 32880 (7th Cir. Nov. 4, 2019) (unpublished): Eric Conner, a Wisconsin inmate, sued a prison psychologist and eight correctional officers for retaliation and delibe ...
Conner v. Rubin-Asch, 2019 U.S. App. LEXIS 32880 (7th Cir. Nov. 4, 2019) (unpublished): Eric Conner, a Wisconsin inmate, sued a prison psychologist and eight correctional officers for retaliation and deliberate indifference because they removed him from clinical observation, despite…
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12(b)(6) Dismissal Motion: Judicial Notice of News Reports & Non-Official Websites, including YouTube & Wikipedia, Only to Establish What Was in Public Realm, Not for Truth — Motion Converted to SJ to Consider Truth

Strojnik v. Azul Hosp. Grp., 2019 U.S. Dist. LEXIS 207424 (E.D.N.Y. Dec. 2, 2019): Plaintiff is proceeding in this matter pro se, but he is licensed as an attorney in the state of California; pre-tri ...
Strojnik v. Azul Hosp. Grp., 2019 U.S. Dist. LEXIS 207424 (E.D.N.Y. Dec. 2, 2019): Plaintiff is proceeding in this matter pro se, but he is licensed as an attorney in the state of California; pre-trial proceedings are accordingly referred to …
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Summary Judgment: Mere Denial of Statement of Undisputed Fact (SUF) without Actually Rejecting Paragraphs Responded to Properly Deemed Admissions — Attempt to Create Appearance of Factual Disputes = Sanctionalbe Non-Compliance with SUF Local Rule

Rau v. Allstate Fire & Cas. Ins. Co., 2019 WL 6358755 (3d Cir. Nov. 27, 2019) (non-precedential): *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) (non-precedential): *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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Hague Service Convention Article 15 Applies Only to Service of Process on Non-Parties, Not to Service of Documents on Participant in Existing Action

 Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 2019 U.S. App. LEXIS 38068 (2d Cir. Dec. 20, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATIO ...
Lynch v. Mascini Holdings Ltd. (In re Kirwan Offices S.à.r.L.), 2019 U.S. App. LEXIS 38068 (2d Cir. Dec. 20, 2019) (unpublished): SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court …
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Supreme Court: Attorney’s Fees [Non-Sanctions] — American Rule Not Limited to Prevailing-Party Statutes — Absence of Specific Reference to Attorney’s Fees Not Dispositive — “Expenses of Litigation” = Expensae Litis = Costs

 Peter v. NantKwest, Inc., 205 L. Ed. 2d 304 (2019): Sect ...
Peter v. NantKwest, Inc., 205 L. Ed. 2d 304 (2019): Section 145 of the Patent Act affords applicants “dissatisfied with the decision of the Patent Trial and Appeal Board” an opportunity to file a civil action in the United States …
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Sanctions: Rule 37(b)(2) Dismissal OK Only If Violation of Discovery Order Is Fault of Client, Not Lawyer — Ordering Discovery Is Not A “Lesser Sanction” under Rule 41

 Johnson v. Jones, 2019 U.S. App. LEXIS 36969 (5th Cir. Dec. 13, 2019) (unpublished): PER CURIAM:* Ron Johnson appeals the with-prejudice dism ...
Johnson v. Jones, 2019 U.S. App. LEXIS 36969 (5th Cir. Dec. 13, 2019) (unpublished): PER CURIAM:* Ron Johnson appeals the with-prejudice dismissal of his civil rights lawsuit. The district court dismissed the case as a sanction under Federal Rules …
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Recent Posts

Rule 37(c)(1) Sanctions — Exclusion of Untimely Expert Report — Burden Is On Noncompliant Party to Prove Harmlessness — Court Need Not Hold Hearing If Noncompliant Party Fails to Argue Harmlessness, Even When Exclusion Is Tantamount to Dismissal

RICO: (1) Continuity: 4th Circuit Factors — (2) 4th Circuit Reserves RICO Liability for Unlawful Activities That Pose A Special Threat to Social Well-Being — (3) For Purposes of Determining Closed-Ended Continuity, Even Time-Barred Conduct Considered — (4) No Open-Ended Continuity If Racketeering Activity Has Built-In Ending Point — (5) Unlike General Federal Conspiracy, RICO Conspiracy Doesn’t Require Each Defendant to Perform an Overt Act in Furtherance of the Conspiracy

Whether Party Waived Arbitration by Litigating Is a Question for the Court, Not the Arbitrator

RICO: (1) Assignability of RICO Claims Uncertain — (2) Declining to Decide Whether Indirect-Purchaser Rule Applies to RICO (Given the Directness Requirement, How Much Does It Matter?) — (3) Two Types of Directness of Injury in Proximate Cause Analysis — (4) Proximate Cause As a Court Not Jury Issue in the First Instance

(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

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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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