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

Spoliation — Amending Complaint to Add Substantive Spoliation Tort Claim + Requesting Sanctions in Summary Judgment Brief Does Not Preserve Review of Failure to Sanction: Need Motion

 Sroka v. Wal-Mart Stores E., 2019 U.S. App. LEXIS 26011 (6th Cir. Aug. 29, 2019) (unpublished): Anyone who hears Michelle Sroka's story cannot but have the utmost sympathy for her: Heading to the local ...
Sroka v. Wal-Mart Stores E., 2019 U.S. App. LEXIS 26011 (6th Cir. Aug. 29, 2019) (unpublished): Anyone who hears Michelle Sroka's story cannot but have the utmost sympathy for her: Heading to the local Wal-Mart to buy chip dip before…
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RICO — Federal Question Jurisdiction “Exists Only Where There Is a ‘Colorable’ Claim Arising under Federal Law” — Not If It Is “Insubstantial, Implausible, Foreclosed by [Precedent or] Completely Devoid of Merit” (Good Quotes)

Jones v. USAA Cas. Ins. Co., 2019 U.S. App. LEXIS 24567 (10th Cir. August 19, 2019) (unpublished): Alberta Rose Josephine Jones, proceeding pro se, sued numerous defendants after a large tree fell and ...
Jones v. USAA Cas. Ins. Co., 2019 U.S. App. LEXIS 24567 (10th Cir. August 19, 2019) (unpublished): Alberta Rose Josephine Jones, proceeding pro se, sued numerous defendants after a large tree fell and damaged a rental property she co-owns in…
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Rule 37 Sanctions — Default Judgment Requires Willfulness & Bad Faith, Plus a Well-Pleaded Complaint Alleging a Sufficient Basis for the Judgment Entered — No Disqualification under R. 1.18 If Opposing Party’s Consultation Concerned Unrelated Matter

Thornton v. Hospitality Mgmt. Assocs., Inc., 2019 WL 4858252 (11th Cir. Oct. 2, 2019) (unpublished): *1 Douglas Gurney, proceeding pro se, appeals the district court’s award of expenses and entry of default judgment as
Thornton v. Hospitality Mgmt. Assocs., Inc., 2019 WL 4858252 (11th Cir. Oct. 2, 2019) (unpublished): *1 Douglas Gurney, proceeding pro se, appeals the district court’s award of expenses and entry of default judgment as Federal Rule of Civil Procedure 37(b)…
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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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Rule 37(c)(1) Sanctions — Failure to Exclude Unnecessary Evidence That Was Improperly Undisclosed Properly Not Sanctioned Due to Absence of Prejudice [= Evidence of Harmlessness]

Janet Walcott appeals the district court's grant of summary judgment to the government on her claim that the Internal Revenue Service (IRS) failed to send her the required notices of deficiency before it levied on her income to collect taxes and penalties. Exercising jurisdiction under
Janet Walcott appeals the district court's grant of summary judgment to the government on her claim that the Internal Revenue Service (IRS) failed to send her the required notices of deficiency before it levied on her income to collect taxes…
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RICO: Separate Roles Performed in Concert ≠ Enterprise — Must Factually Allege Structural Features Like Common Purpose, Relationship & Longevity Needed to Pursue Enterprise’s Purpose — Conclusory Allegations Insufficient

 Sheikh v. Wheeler, 2019 U.S. App. LEXIS 31093 (7th Cir. Oct. 18, 2019) (unpublished): Zafar Sheikh obtained a loan to purchase a supermarket. He fell behind with the mortgage payments, and the bank initiate ...
Sheikh v. Wheeler, 2019 U.S. App. LEXIS 31093 (7th Cir. Oct. 18, 2019) (unpublished): Zafar Sheikh obtained a loan to purchase a supermarket. He fell behind with the mortgage payments, and the bank initiated foreclosure proceedings. He then filed suit,…
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RICO: Plaintiff Must Plausibly Allege Common Purpose to State Associated-in-Fact Enterprise — Sanctions: Vexatious Litigant Injunction Factors (2d Circuit)

 Vidurek v. Koskinen, 2019 WL 5152509 (2d Cir. Oct. 15, 2019) (unpublished): ohn Vidurek and Kimberly Vidurek, pro se, appeal from a judgment of the District Court (Briccetti, J.), granting the Defendants-appellees’ motions to dismiss under
Vidurek v. Koskinen, 2019 WL 5152509 (2d Cir. Oct. 15, 2019) (unpublished): ohn Vidurek and Kimberly Vidurek, pro se, appeal from a judgment of the District Court (Briccetti, J.), granting the Defendants-appellees’ motions to dismiss under Rules 12(b)(1), …
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Civil Contempt Sanction of $1,000/Day until Discovery Order Honored — Disc’y per Rules 34(a), 45 & in Ch. 15 Bkcy Case Not Limited to Docs in U.S. — Issue Is Practical Ability to Obtain Them (“Control”) — Factors for Contempt & Coercive Sanction

 In re Markus, 2019 Bankr. LEXIS 3276, 2019 WL 5257902 (S.D.N.Y. Bankr. Oct. 16, 2019): On October 8, 2019, the Court entered an Order imposing sanctions on Victor A. Worms, Esq. (“Worms”), couns ...
In re Markus, 2019 Bankr. LEXIS 3276, 2019 WL 5257902 (S.D.N.Y. Bankr. Oct. 16, 2019): On October 8, 2019, the Court entered an Order imposing sanctions on Victor A. Worms, Esq. (“Worms”), counsel of record for the foreign debtor …
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Rule 37(c)(1) Sanctions: District Judge’s Review Magistrate of Judge’s Decision Is for Abuse of Discretion — 5-Factor 37(c)(1) Test (6th Cir.) — Can Timely Production (within Fact Discovery Period) Still Be Sanctionably Late? (Footnote 7)

Bisig v. Time Warner Cable, Inc., 2019 WL 4894348 (6th Cir. Oct. 4, 2019): *1 This case is about promises made, promises broken, and disclaimers signed. And it is a reminder that not every broken promise occasions a legal remedy. Plaintiffs
Bisig v. Time Warner Cable, Inc., 2019 WL 4894348 (6th Cir. Oct. 4, 2019): *1 This case is about promises made, promises broken, and disclaimers signed. And it is a reminder that not every broken promise occasions a legal remedy.…
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Experts: Rule 37(c)(1) Exclusion Is Discretionary, Not Self-Executing, Even Where Undisclosed Opinion Is Complete About-Face — 2-1 Eleventh Circuit Decision

Teresa Taylor here sues Mentor Worldwide LLC ("Mentor") and Mentor Corporation1 for compensatory and punitive damages for injuries she suffered as a result of the surgical implantation of a polypropylene mesh sling manufactured by Mentor to treat her stress urinary incontinence. The jury found Men ...
Teresa Taylor here sues Mentor Worldwide LLC ("Mentor") and Mentor Corporation1 for compensatory and punitive damages for injuries she suffered as a result of the surgical implantation of a polypropylene mesh sling manufactured by Mentor to treat her stress…
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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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