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

Federal Rule of Evidence 502 Will Be Law By September 22, 2008

The statute that is Federal Rule of Evidence 502 was sent to the President on September 11, 2008. If not vetoed (and it will not be vetoed) or signed sooner, it will become law within 10 days of September 11, 2008. ...
The statute that is Federal Rule of Evidence 502 was sent to the President on September 11, 2008. If not vetoed (and it will not be vetoed) or signed sooner, it will become law within 10 days of September 11, 2008.
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Negligence Action for Damages Arising from Third-Party Spoliation Permitted Under New York Law

From Newton v. City of New York, 2008 U.S. Dist. LEXIS 54084 (S.D.N.Y. July 16, 2008): New York does not recognize the tort of "third-party negligent spoliation of evidence." [N. 126: Ortega v. City of New York, 9 N.Y.3d 69 (2007).] However, the courts appear to permit an action for the negligent destruction of evidence so long ...
From Newton v. City of New York, 2008 U.S. Dist. LEXIS 54084 (S.D.N.Y. July 16, 2008): New York does not recognize the tort of “third-party negligent spoliation of evidence.” [N. 126: Ortega v. City of New York, 9 N.Y.3d 69…
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Forum Selection Clause Does Not Prevent 28 U.S.C. § 1404 Transfer — When Non-Signatories Are Bound by Forum Selection Clause

The forum selection clause in Elite Sports Enters. v. Lococo, 2008 U.S. Dist. LEXIS 67472 (D.N.J. Sept. 5, 2008), provided: 13.2 Choice of Law and Selection of Venue. Except as provided in Paragraph 13.9 hereof, this Agreement shall be governed by the laws of the State of New Jersey . . . The parties further agree that any actio ...
The forum selection clause in Elite Sports Enters. v. Lococo, 2008 U.S. Dist. LEXIS 67472 (D.N.J. Sept. 5, 2008), provided: 13.2 Choice of Law and Selection of Venue. Except as provided in Paragraph 13.9 hereof, this Agreement shall be governed…
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Federal Rule of Evidence 502 Has Passed Congress

Download associated file: Fed R Evid 502.pdf  On Monday, September 8, 2008, the House passed Federal Rule of Evidence 502 (Waiver of Privilege and Work Product). The Senate passed the Rule on February 27, 2008, and the President is expected to sign it into law shortly. ...
Download associated file: Fed R Evid 502.pdf  On Monday, September 8, 2008, the House passed Federal Rule of Evidence 502 (Waiver of Privilege and Work Product). The Senate passed the Rule on February 27, 2008, and the President is…
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Hedonic Damages, Daubert and the Province of the Jury

From Martinez v. Caterpillar, Inc., 2007 U.S. Dist. LEXIS 97414 (D.N.M. Sept. 6, 2007): While New Mexico permits the recovery of hedonic damages, expert testimony attempting to quantify such damages invades the fact finder's domain. See Romero v. Byers, 117 N.M. 422, 428, 872 P.2d 840, 846 (1994); Couch v. Astec Industries, In ...
From Martinez v. Caterpillar, Inc., 2007 U.S. Dist. LEXIS 97414 (D.N.M. Sept. 6, 2007): While New Mexico permits the recovery of hedonic damages, expert testimony attempting to quantify such damages invades the fact finder’s domain. See Romero v. Byers, 117…
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Inherent Power Sanctions — High Threshold for Bad Faith — Limiting Language

After the plaintiffs prevailed in their civil rights action in Mendez v. County of San Bernardino, 2008 U.S. App. LEXIS 18426 (9th Cir. Aug. 27, 2008), the trial judge sanctioned plaintiffs’ lead counsel for failure to appear personally at a hearing on an Order to Show Cause, although it was not specified in the order that lead counsel personally was requi ...
After the plaintiffs prevailed in their civil rights action in Mendez v. County of San Bernardino, 2008 U.S. App. LEXIS 18426 (9th Cir. Aug. 27, 2008), the trial judge sanctioned plaintiffs’ lead counsel for failure to appear personally at a…
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Equitable Doctrine of Laches May, But Presumptively Does Not, Bar a Copyright Infringement Action Filed within the Statute of Limitations — Circuit Split

Equitable Doctrine of Laches May, But Presumptively Does Not, Bar a Copyright Infringement Action Filed within the Statute of Limitations — Circuit Split From Peter Letterese & Assocs., Inc. v. World Institute of Scientology Enters., 533 F.3d 1287 (11th Cir. 2008): In answering the question of whether the defense of laches may be inter ...
Equitable Doctrine of Laches May, But Presumptively Does Not, Bar a Copyright Infringement Action Filed within the Statute of Limitations — Circuit Split From Peter Letterese & Assocs., Inc. v. World Institute of Scientology Enters., 533 F.3d 1287 (11th Cir.…
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It Turns Out That “Is” Actually Means “Is,” At Least Sometimes

From Judge Milton Shadur’s opinion for the Ninth Circuit in Guidiville Band of Pomo Indians v. NGV Gaming, Ltd., 531 F.3d 767; 2008 U.S. App. LEXIS 13474 (9th Cir. 2008): This appeal presents the single, seemingly straightforward question whether the word "is" really means "is," at least as that word is employed in 25 U.S.C. § 81. At ...
From Judge Milton Shadur’s opinion for the Ninth Circuit in Guidiville Band of Pomo Indians v. NGV Gaming, Ltd., 531 F.3d 767; 2008 U.S. App. LEXIS 13474 (9th Cir. 2008): This appeal presents the single, seemingly straightforward question whether the…
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Inherent Power Sanctions: Frivolous Positions + Scandalous Allegations = Bad Faith

From Gwynn v. Walker, 2008 U.S. App. LEXIS 14488 (11th Cir. July 7, 2008), addressing inherent power sanctions, which require a finding of bad faith: Sanctions are "especially appropriate where counsel takes frivolous legal positions supported by scandalous accusations." ...
From Gwynn v. Walker, 2008 U.S. App. LEXIS 14488 (11th Cir. July 7, 2008), addressing inherent power sanctions, which require a finding of bad faith: Sanctions are “especially appropriate where counsel takes frivolous legal positions supported by scandalous accusations.”
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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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