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

(1) RICO and Securities Fraud: Conviction Exception — Caselaw Not Uniform as to Whether Plaintiff’s Damages Must Result from Securities Fraud Directed at Plaintiff — Appeals: 4 Factors Court of Appeals Considers in Deciding Whether to Entertain Arguments Newly Raised on Appeal

Buck v. Compton, 2023 WL 8812472 (6th Cir. Dec. 20, 2023) (unpublished): OPINION *1 Thomas Buck, a former financial advisor, defrauded several of his clients, including Janice Compton. Following Buck’s criminal conviction for fraud, Compton sued Buck, and the parties submitted their dispute to binding arbitration through the Financial Industry Regulator ...
Buck v. Compton, 2023 WL 8812472 (6th Cir. Dec. 20, 2023) (unpublished): OPINION *1 Thomas Buck, a former financial advisor, defrauded several of his clients, including Janice Compton. Following Buck’s criminal conviction for fraud, Compton sued Buck, and the parties…
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RICO Statute of Limitations — Accrual: Actual or Inquiry Notice — Equitable Tolling — Courts Have Inherent Flexibility to Choose Grounds for Disposing of a Case without Reaching the Merits

Garrasi v. Wells Fargo Bank, N.A., 2024 WL 191802 (2d Cir. Jan. 18, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Robert Garrasi appeals from a judgment of the United States District Court for the Northern District ...
Garrasi v. Wells Fargo Bank, N.A., 2024 WL 191802 (2d Cir. Jan. 18, 2024) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED. Appellant Robert Garrasi appeals…
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RICO: (1) Concrete Financial Loss Requirement — (2) 9(b) Requirements for Mail/Wire Fraud — (3) An Instruction ≠ A Representation and Cannot Constitute Mail/Wire Fraud — (4) Allegations of Frivolous, Fraudulent or Baseless Litigation Activities, Without More, ≠ A RICO Predicate Act

UMB Bank, NA v. Guerin, 89 F.4th 1047 (8th Cir. 2024): Famous American Regionalist artist Thomas Hart Benton and his wife passed away in 1975, leaving behind a family trust (the “Trust”) that included hundreds of works of art by Thomas Hart Benton, real estate, and various personal effects. The primary Trust beneficiary is their daughter Jessie Benton (to av ...
UMB Bank, NA v. Guerin, 89 F.4th 1047 (8th Cir. 2024): Famous American Regionalist artist Thomas Hart Benton and his wife passed away in 1975, leaving behind a family trust (the “Trust”) that included hundreds of works of…
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RICO Pleading — 9(b) Requirements for Alleging Mail/Wire Fraud

Wayne Johnson for Cong., Inc. v. Hunt, 2024 U.S. App. LEXIS 2850, 2024 WL 471938 (11th Cir. Feb. 7, 2024) (unpublished): *** When a complaint “is based on an alleged pattern of racketeering consisting entirely of ...
Wayne Johnson for Cong., Inc. v. Hunt, 2024 U.S. App. LEXIS 2850, 2024 WL 471938 (11th Cir. Feb. 7, 2024) (unpublished): *** When a complaint “is based on an alleged pattern of racketeering consisting entirely of the predicate acts …
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While Law-of-the-Case Doctrine Does Not Bind Court of Appeals with the Same Rigidity as the District Court, It Should Be Departed From Only Sparingly — Factors

United States v. Aquart, 92 F.4th 77 (2d Cir. 2024): *** While the law-of-the-case doctrine does not bind this court with the same “rigidity” that the mandate rule binds the district court,
United States v. Aquart, 92 F.4th 77 (2d Cir. 2024): *** While the law-of-the-case doctrine does not bind this court with the same “rigidity” that the mandate rule binds the district court, United States v. Tenzer, 213 F.3d 34, 40 …
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Rooker-Feldman Not Avoidable By Pursuing A Concurrent Collateral Attack on the State Court Judgment at the Same Time It Is Attacked in Federal Court — Extrinsic Fraud Exception to Rooker-Feldman Requires That Party Have Been Precluded from Presenting His or Her Case in State Court

Boudette v. Oskerson, 2024 WL 1342613 (9th Cir. Mar. 29, 2024) (unpublished): MEMORANDUM* Plaintiff Daniel Boudette appeals from the district court’s order dismissing this case for lack of jurisdiction under
Boudette v. Oskerson, 2024 WL 1342613 (9th Cir. Mar. 29, 2024) (unpublished): MEMORANDUM* Plaintiff Daniel Boudette appeals from the district court’s order dismissing this case for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and, alternatively, for…
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A Party Forfeits Invocation of Subject Matter Jurisdiction by Failing Timely to Invoke It — While Court Must Ensure It Does Not Lack Subject Matter Jurisdiction, It Has No Duty to Find and Exercise Jurisdiction on a Basis Not Raised by the Parties, Although The Court May Choose to Do So

Behrens v. JPMorgan Chase Bank, 96 F.4th 202 (2d Cir. 2024): Five former customers (“Plaintiffs”) of Peregrine Financial Group, Inc. (“Peregrine”), the defunct futures commission merchant, appeal the dismissal of their putative class action by the United States District Court for the Southern District of New York (Broderick, J.).
Behrens v. JPMorgan Chase Bank, 96 F.4th 202 (2d Cir. 2024): Five former customers (“Plaintiffs”) of Peregrine Financial Group, Inc. (“Peregrine”), the defunct futures commission merchant, appeal the dismissal of their putative class action by the United States District Court…
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RICO — Pattern — (1) Relatedness Established Where Three HJ factors satisfied— “H.J. Inc.’s List of Relatedness Factors Is Disjunctive, Non-Exhaustive, And Requires Only Sameness Or Similarity Of Any Factor”— “Even Separately-Performed, Functionally Diverse, And Directly Unrelated Predicate Acts Will Form A Pattern under RICO If They Have Been Undertaken in Furtherance of a Qualifying Enterprise” (Good Quotes)

Russo v. Lamancusa, 2024 WL 1433637 (3d Cir. April 3, 2024) (unpublished): *1 Anna Russo and Torry Argiro appeal the dismissal of their civil Racketeer Influenced and Corrupt Organizations Act (“RICO”) claim against Joshua Lamancusa, the Lawrence County District Attorney, and Richard Ryhal, an officer in the ...
Russo v. Lamancusa, 2024 WL 1433637 (3d Cir. April 3, 2024) (unpublished): *1 Anna Russo and Torry Argiro appeal the dismissal of their civil Racketeer Influenced and Corrupt Organizations Act (“RICO”) claim against Joshua Lamancusa, the Lawrence County…
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RICO and FRAP 38 Sanctions: (1) Four key elements of § 1962(c)-(d) claim; (2) Standing Alone, Neither A Breach of Fiduciary Duty Nor A Breach of Contract Constitutes Mail Fraud; (3) Falsity, Alone, Does Not Demonstrate Fraudulent Intent; (4) Common Law Fraud Not Implicating Mail or Wires ≠ Racketeering Activity; (5) FRAP 38 Sanctions Inapt for Weak But Not Frivolous Arguments; (6) Recidivism: Prior Sanctions, Alone, Insufficient to Convert Merely Weak into Sanctionable Claims

Efron v. UBS Fin. Servs. Inc. of P.R., 96 F.4th 430 (1st Cir. 2024): APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon.
Efron v. UBS Fin. Servs. Inc. of P.R., 96 F.4th 430 (1st Cir. 2024): APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. William G. Young,* U.S. District Judge] Opinion Plaintiff-appellant David …
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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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