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

Rule 11 Sanctions — Successful Dershowitz Appeal in Election Case — (1) Ninth Circuit Splits with Sixth Holding (2-1) All Signers of a Court Paper Are Liable for Everything in It, Even If They Can Prove They Had No Role in the Sanctionable Portions (Ed. Ques.: (i) How Did They “Violate[] The Rule” (Rule 11(c)(2))? (ii) Why Does Reasonableness Require Every Lawyer to Read Every Allegation? (iii) Why Can’t They Or Their Clients Allocate Work? (iv) How Are Limited-Role, Innocent Lawyers “Responsible for the Violation” (Rule 11(c)(2))?)) — (2) Goodyear v. Haeger Doesn’t Allow Innocent Lawyers to Prove They Did Not Cause Any Damages (Ed.: Majority Conflates Basis for Seeking Fees with Defense to Fees) — (3) From Concurrence: Duties of Local Counsel (n. 3)

Lake v. Gates, 2025 U.S. App. LEXIS 6012 (9th Cir. Mar. 14, 2025) (“Lake 2”)  (Dershowitz Sanctions Reversal): [Majority] Opinion GOULD, Circuit Judge: "Of counsel" attorney for Plaintiffs, Alan Dershowitz, appea ...
Lake v. Gates, 2025 U.S. App. LEXIS 6012 (9th Cir. Mar. 14, 2025) (“Lake 2”)  (Dershowitz Sanctions Reversal): [Majority] Opinion GOULD, Circuit Judge: “Of counsel” attorney for Plaintiffs, Alan Dershowitz, appeals the district court’s award of sanctions under Federal …
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Rule 11 and § 1927 Sanctions — Jurisdiction to Sanction Survives Demise of Case — Rule 11 Sanctions Require Both a Baseless Pleading And an Unreasonable Inquiry (The Latter of Which May Be Inferable from the Former) — Amount of Time Available Affects Analysis of What Investigation Is Reasonable — Meaning of “Bad Faith” for § 1927 Sanctions in Ninth Circuit

Lake v. Gates, 2025 U.S. App. LEXIS 6015 (9th Cir. Mar. 14, 2025) (“Lake 1”) (Lead Counsel Sanctions): [Majority] OPINION GOULD, Circuit Judge: *2 Lead attorneys for the Plaintiff ...
Lake v. Gates, 2025 U.S. App. LEXIS 6015 (9th Cir. Mar. 14, 2025) (“Lake 1”) (Lead Counsel Sanctions): [Majority] OPINION GOULD, Circuit Judge: *2 Lead attorneys for the Plaintiffs, Andrew D. Parker and Kurt Olsen (collectively, “Lead Attorneys”), appeal…
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RICO Person vs. Enterprise: Subsidiary in Typical Corporate Structure Does Not Control Parent And Therefore Does Not Conduct Parent’s Affairs

Dawson v. Great Lakes Educ. Loan Servs., Inc., 2025 U.S. App. LEXIS 6135 (7th Cir. Jan. 18, 2025) (unpublished): ORDER Meredith Dawson brought this class action against Great Lakes Educational Loan Services, Inc. and Great L ...
Dawson v. Great Lakes Educ. Loan Servs., Inc., 2025 U.S. App. LEXIS 6135 (7th Cir. Jan. 18, 2025) (unpublished): ORDER Meredith Dawson brought this class action against Great Lakes Educational Loan Services, Inc. and Great Lakes Higher Education Corporation (collectively,…
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Patently Frivolous RICO Complaint Fails to Confer Federal Question Jurisdiction — Subject to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction

Puckett v. Ain Jeem, Inc., 2025 U.S. App. LEXIS 3165 (6th Cir. Feb. 11. 2025) (unpublished): ORDER Carl Ellen Puckett, Jr., and his wife, Marcella Puckett, both proceeding pro se, appeal a district court judgment sua sponte dismissing ...
Puckett v. Ain Jeem, Inc., 2025 U.S. App. LEXIS 3165 (6th Cir. Feb. 11. 2025) (unpublished): ORDER Carl Ellen Puckett, Jr., and his wife, Marcella Puckett, both proceeding pro se, appeal a district court judgment sua sponte dismissing their complaint…
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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

Abbott Labs. v. H&H Wholesale Servs., 2024 U.S. App. LEXIS 24436 (2d Cir. Sept. 26, 2024) (unpublished):   *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the ...
Abbott Labs. v. H&H Wholesale Servs., 2024 U.S. App. LEXIS 24436 (2d Cir. Sept. 26, 2024) (unpublished):   *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Defendants-Appellants H&H…
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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

Frazier v. Se. Ga. Health Sys., Inc., 2024 U.S. App. LEXIS 24682 (11th Cir. Oct. 1, 2024) (unpublished): PER CURIAM: Cedrick and Tamara Frazier appeal the dismissal with prejudice of their medical malpractice suit against Southeast Georgia H ...
Frazier v. Se. Ga. Health Sys., Inc., 2024 U.S. App. LEXIS 24682 (11th Cir. Oct. 1, 2024) (unpublished): PER CURIAM: Cedrick and Tamara Frazier appeal the dismissal with prejudice of their medical malpractice suit against Southeast Georgia Health System,…
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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

In re Absolute Activist Value Master Fund Ltd., 2025 WL 764608 (11th Cir. Mar. 11, 2025) (unpublished): PER CURIAM: Background *1 This case is a consolidation of f ...
In re Absolute Activist Value Master Fund Ltd., 2025 WL 764608 (11th Cir. Mar. 11, 2025) (unpublished): PER CURIAM: Background *1 This case is a consolidation of four appeals1 filed by Appellant, Susan Devine, in two separate actions.…
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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

Hoffer v. Tellone, 128 F.4th 433 (2d Cir. 2025): Plaintiff–Appellant Richard Hoffer sued the City of Yonkers, the City of Yonkers Police Department, and various individual police officers under
Hoffer v. Tellone, 128 F.4th 433 (2d Cir. 2025): Plaintiff–Appellant Richard Hoffer sued the City of Yonkers, the City of Yonkers Police Department, and various individual police officers under 42 U.S.C. § 1983, alleging that the officers used excessive…
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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)

Sugar v. Burnett, 2025 U.S. App. LEXIS 5141 (4th Cir. Mar. 5, 2025): *1 Christine ...
Sugar v. Burnett, 2025 U.S. App. LEXIS 5141 (4th Cir. Mar. 5, 2025): *1 Christine Sugar appeals from the district court’s orders affirming the bankruptcy court’s finding that Sugar’s sale of her residence, without prior court authorization, violated her confirmed…
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Recent Posts

Supreme Court: Notice of Appeal Filed After The Original Deadline But Before Reopening by The District Court Is Timely — It Relates Forward to The Date of The Order Making The Appeal Possible — Second Notice of Appeal After Reopening Unnecessary

Rule 37 Default Judgment: Second Circuit’s Four-Factor Test for Imposing Defaults and Three-Factor Test for Lifting Them

Rule 37 Default Judgment — Tenth Circuit Multifactor Test Is Not Exhaustive But a Non-Exclusive List of “Sometimes-Helpful Criteria Or Guide Posts”— Appeal from Preliminary Injunction Mooted by Entry of Permanent Injunction — Difficulty in Collecting Damages Award May Equal Irreparable Injury — A Monetary Award For Past Conduct Does Not Preclude A Permanent Injunction Against Similar Wrongful Conduct Likely To Occur In The Future

RICO: Cover-Up Within Limitations Period of Untimely RICO Violation “Was Merely A Continuation” Of The Original Injury And Could Not Be Used “As A ‘Bootstrap’ To Salvage [The] Time-Barred Claims–Declining to Apply Pinkerton Doctrine to Civil RICO Claims

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

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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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