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

Sanctions — Defense of Inability to Pay Requires Showing of Inability to Pay on Installment Basis

From Wallace v. UAW Local 1639, 2008 U.S. Dist. LEXIS 52750 (S.D. Ala. July 9, 2008), a pro se action by a union member against a union alleging civil rights violations in connection with her employment: The Court understands that Wallace has suggested in passing that she is impoverished and unable to pay the $1,754.05 sanction imposed ...
From Wallace v. UAW Local 1639, 2008 U.S. Dist. LEXIS 52750 (S.D. Ala. July 9, 2008), a pro se action by a union member against a union alleging civil rights violations in connection with her employment: The Court understands that…
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Sanctions Vacated Due to Judge’s Erroneous View of Law — Good Quote

After losing a state court judgment, HealthNet, Inc. filed a federal action to block enforcement of that judgment. The trial judge dismissed the action and imposed sanctions on HealthNet’s counsel. The Fifth Circuit, in HealthNet, Inc. v. Wooley, 2008 U.S. App. LEXIS 14326 (5th Cir. July 8, 2008), affirmed the dismissal but overturned the sanctions:
After losing a state court judgment, HealthNet, Inc. filed a federal action to block enforcement of that judgment. The trial judge dismissed the action and imposed sanctions on HealthNet’s counsel. The Fifth Circuit, in HealthNet, Inc. v. Wooley, 2008 U.S.…
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Dismissal without Prejudice Appealable if Entered on Forum Non Conveniens Grounds

The Seventh Circuit held in Lopez de Manez v. Bridgestone Firestone N. Am. Tire, LLC, 2008 U.S. App. LEXIS 14802 (7th Cir. July 11, 2008), that an order dismissing a case on forum non conveniens grounds is appealable because it terminates the action and is denominated “without prejudice” simply to make it clear that the plaintiff may proceed in an alterna ...
The Seventh Circuit held in Lopez de Manez v. Bridgestone Firestone N. Am. Tire, LLC, 2008 U.S. App. LEXIS 14802 (7th Cir. July 11, 2008), that an order dismissing a case on forum non conveniens grounds is appealable because it…
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Non-Party Sanctioned by Special Master for Recalcitrance in Responding to Subpoena

The non-party recipient of a Rule 45 subpoena in In re Intel Corp. Microprocessor Antitrust Litig., 2007 LEXIS 97229 (D. Del. Dec. 13, 2007) was found by the Special Master to have engaged in obstruction and other misconduct in responding (or, more precisely, failing to respond) to a subpoena. The misconduct included: 1. Taking the posi ...
The non-party recipient of a Rule 45 subpoena in In re Intel Corp. Microprocessor Antitrust Litig., 2007 LEXIS 97229 (D. Del. Dec. 13, 2007) was found by the Special Master to have engaged in obstruction and other misconduct in responding…
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Court’s Reliance on Unsworn Expert Reports in Granting Summary Judgment Requires Reversal — Objection in Opposition Brief Suffices

From Sigler v. Am. Honda Motor Co., 2008 U.S. App. LEXIS 14479 (6th Cir. July 8, 2008): Sigler argues that the district court improperly relied upon three expert reports that Honda attached to its Motion for Summary Judgment. *** The district court's opinion contained substantial discussion of these reports and clearly relied on them. ** ...
From Sigler v. Am. Honda Motor Co., 2008 U.S. App. LEXIS 14479 (6th Cir. July 8, 2008): Sigler argues that the district court improperly relied upon three expert reports that Honda attached to its Motion for Summary Judgment. *** The…
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Securities — Statistical Significance Not Subject to Judicial Notice — One-Year Statute of Limitations for § 18 Claims — Market Manipulation Requires More than False or Omissive Statements

From In re Pfizer Inc. Secs. Liti., 2008 U.S. Dist. LEXIS 50923 (S.D.N.Y. July 1, 2008): • No Judicial Notice of Statistical Significance. “The Court declines to take judicial notice of the meaning of statistical significance or of the data interpretations proffered by Defendants in the context of this motion practice. R ...
From In re Pfizer Inc. Secs. Liti., 2008 U.S. Dist. LEXIS 50923 (S.D.N.Y. July 1, 2008): • No Judicial Notice of Statistical Significance. “The Court declines to take judicial notice of the meaning of statistical significance or of the data…
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RICO — Continuity — The Longer the Duration, The Less Significant Other Factors Become

From Fresh Meadow Food Services, LLC v. RB 175 Corp., 2008 U.S. App. LEXIS 13392 (2d Cir. June 24, 2008): As we have repeatedly observed, we have "never found a closed-ended pattern where the predicate acts spanned fewer than two years." First Capital Asset Mgmt., Inc. v. Satinwood, Inc., 385 F.3d 159, 181 (2d Cir. 2004); see ...
From Fresh Meadow Food Services, LLC v. RB 175 Corp., 2008 U.S. App. LEXIS 13392 (2d Cir. June 24, 2008): As we have repeatedly observed, we have “never found a closed-ended pattern where the predicate acts spanned fewer than two…
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Holder / Thompson / McNulty Memo, Now Filip Letter of July 9, 2008

Download associated file: Deputy AG Filip Letter to Senators Leahy and Specter.pdf  By letter dated July 9, 2008, Deputy Attorney General Mark Filip undertook to revise the Holder/Thompson/McNulty Memo governing federal prosecutors' requests for waiver of attorney-client ...
Download associated file: Deputy AG Filip Letter to Senators Leahy and Specter.pdf  By letter dated July 9, 2008, Deputy Attorney General Mark Filip undertook to revise the Holder/Thompson/McNulty Memo governing federal prosecutors’ requests for waiver of attorney-client privilege, inter…
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Proving Intentional Infliction of Emotional Distress — Some Cases Speak for Themselves

From Wasmanski v. T.G.I. Friday’s, Inc., 2008 U.S. Dist. LEXIS 51290 (D.N.J. July 2, 2008): Plaintiffs have brought this suit against Defendant T.G.I. Friday's ("Defendant" or "the Restaurant"), alleging that while dining at the Restaurant, Plaintiff Wasmanski discovered a mouse carcass in her mashed potatoes. *** The Complaint ...
From Wasmanski v. T.G.I. Friday’s, Inc., 2008 U.S. Dist. LEXIS 51290 (D.N.J. July 2, 2008): Plaintiffs have brought this suit against Defendant T.G.I. Friday’s (“Defendant” or “the Restaurant”), alleging that while dining at the Restaurant, Plaintiff Wasmanski discovered a mouse…
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Federal Jurisdiction — Grable — State Law Claim that “Necessarily” Raises a Federal Question versus One in which Federal Question Is Merely “Present”

The New York State Attorney General commenced an action in state court alleging fraudulent appraisal practices in People v. First Am. Corp., 2008 U.S. Dist. LEXIS 51790 (S.D.N.Y. July 8, 2008). Because one method of proving the alleged violation of state law involved proof of violation of federal regulations, the defendants removed under Grable and 28 ...
The New York State Attorney General commenced an action in state court alleging fraudulent appraisal practices in People v. First Am. Corp., 2008 U.S. Dist. LEXIS 51790 (S.D.N.Y. July 8, 2008). Because one method of proving the alleged violation of…
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Recent Posts

RICO Person vs. Enterprise: Subsidiary in Typical Corporate Structure Does Not Control Parent And Therefore Does Not Conduct Parent’s Affairs

Patently Frivolous RICO Complaint Fails to Confer Federal Question Jurisdiction — Subject to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction

Inherent Power Sanctions — Dismissal — Abuse of Discretion Review Is “More Exacting” When Judge is “Accuser, Fact Finder and Sentencing Judge All in One” — Client Responsible for Her Lawyer’s Discovery Defalcations — No Need for Evidentiary Hearing When Sanctions Based Entirely on an Established Record — Lesser Sanctions Reasonably Determined to be Ineffective Given Record of Repeated Discovery Abuses

Inherent Power Sanction of Dismissal for Fraud on the Court — Fabrication of Evidence and Lying about It to the Court — 2-Part Test for Dismissal Sanction (Eleventh Circuit) — Whether Fraud on Court Was Committed for the Court, Not a Jury

New York Law Firm That Advised Florida Resident for Years Subject to Personal Jurisdiction in Florida, Thus Subject to 28 U.S.C. § 1782 in Florida — Court Cannot Amend Protective Order Following Dismissal of Case Unless the Order Retains Jurisdiction Post-Dismissal — Parties Can Enforce Stipulated Protective Order Post-Dismissal Through Breach of Contract Action

Rule 37(e)/Spoliation — “Intent to Deprive” Determined under the Preponderance of the Evidence Standard — Court May Make Determination Or Allow Jury to Do So — Lesser “Culpable Conduct” Standard of Residential Funding Continues to Apply in Second Circuit Outside ESI Context — Once Judge Has Definitively Ruled on the Record Denying A Requested Instruction, Counsel Is Not Required to Object to the Charge Again at Trial to Preserve Issue for Appeal

Rule 11 (9011) and Inherent Power Sanctions for “Unapologetic [Refusal to Apologize] Defiance” of Court’s Rules and Orders — Advising Client to Take Steps That Same Judge Had Told Lawyer Were Improper in Prior Case — Obstinate Recidivism — Silence upon Withdrawal of Motion As Rule 11 (9011) Violation (Noted But Not Addressed on Appeal)

Rule 37 Sanctions Properly Denied for Failure to Produce Documents That Were Already in the Requester’s Possession And Were Not Relevant to The Principal Issue in the Lawsuit — Experts/Daubert: Exclusion Appropriate Where Opinion Was Predicated on Erroneous Assumptions of Law

Supreme Court: Obtaining a Preliminary Injunction Does Not Render the Plaintiff a “Prevailing Party” Entitled to Attorney’s Fees — Must Win “Enduring Relief” On The Merits From A Judicial Order — Extraneous Events, Like Legislation, That Preserve The Outcome And Moot The Lawsuit Do Not Turn The Plaintiff into A Prevailing Party (Note, However, That A Defendant Need Not Obtain A Favorable Judgment On The Merits In Order To Be A “Prevailing Party”)

Supreme Court: When A Plaintiff Amends The Complaint To Delete The Federal-Law Claims That Enabled Removal To Federal Court, Leaving Only State-Law Claims, The Federal Court Loses Supplemental Jurisdiction, And The Case Must Be Remanded To State Court

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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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