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

Texts on Decedent’s Facebook Page Authenticated by Other Person’s Screen Name, Contents, Timing of Messages and Decedent’s Actions Consistent with Them

 State v. Green, 2019 S.C. App. LEXIS 55 (S.C. Ct. App. June 26, 2019): Convicted by a jury of murder and desecration of human remains, Fabian Lamichael R. Green appeals, challenging the trial court& ...
State v. Green, 2019 S.C. App. LEXIS 55 (S.C. Ct. App. June 26, 2019): Convicted by a jury of murder and desecration of human remains, Fabian Lamichael R. Green appeals, challenging the trial court's admission of a series of direct …
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Sanctions—Even Egregious Litigation Abuse Doesn’t Subject Non-Party (Corp. Officer) to Personal Liability for Amount of Claim against Party (Corp.) — Must Be Punished under Appropriate Sanctions Power

The plaintiff in this case, Life Technologies Corp., filed a complaint against another corporation of the same name (the defendant corporation, or the defendant), alleging trademark infringement and unfair competition under the Lanham Act,
The plaintiff in this case, Life Technologies Corp., filed a complaint against another corporation of the same name (the defendant corporation, or the defendant), alleging trademark infringement and unfair competition under the Lanham Act, 15 U.S.C. § 1125(a)(1)(A). The…
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Text/Email Authentication — Password / Passcode / Key Is Self-Authenticating If It Works to Unlock Cell Phone [or Other Device]

State v. Stahl, 206 So. 3d 124 (Fla. Ct. App. 2016):The State seeks a writ of certiorari quashing the trial court's order denying the State's motion to compel the production of the passcode to unlock Aaro ...
State v. Stahl, 206 So. 3d 124 (Fla. Ct. App. 2016):The State seeks a writ of certiorari quashing the trial court's order denying the State's motion to compel the production of the passcode to unlock Aaron Stahl's cellphone. We…
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Disqualification: “Questionable at Best” Whether Party Has Standing to Raise a Conflict between Opposing Parties & Their Counsel (Good Quote) — Speculation That Adversay “Knew” a Lawsuit Was Coming Not Enough for Spoliation Sanctions

 Plouffe v. Cevallos, 2019 U.S. App. LEXIS 17603 (3d Cir. June 12, 2019) (unpublished): This is a [*5]  consolidated appeal of two employment-related civil actions stemming from William C. ...
Plouffe v. Cevallos, 2019 U.S. App. LEXIS 17603 (3d Cir. June 12, 2019) (unpublished): This is a [*5]  consolidated appeal of two employment-related civil actions stemming from William C. Plouffe, Jr.'s firing by Kutztown University. The first action was against…
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Non-Signatory May Not Compel Arbitration under NY Convention (NYC) — While FAA Permits This If State Law Allows, If the FAA Allows What the NYC Prohibits, the NYC Controls

 Setty v. Shrinivas Sugandhalaya (BNG) LLP, 2019 U.S. App. LEXIS 17071 (9th Cir. June 6, 2019) (unpublished): MEMORANDUM* Shrinivas Sug ...
Setty v. Shrinivas Sugandhalaya (BNG) LLP, 2019 U.S. App. LEXIS 17071 (9th Cir. June 6, 2019) (unpublished): MEMORANDUM* Shrinivas Sugandhalaya LLP ("SS LLP"), an incense manufacturing company based in Mumbai, appeals the district court's order denying its motion to…
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28 U.S.C. § 1782 — Foreign Recognition, Enforcement, Attachment & Garnishment Proceedings after Merits Decided Are Not “Adjudicative” & Thus Not “Proceedings” within §1782 — No Discovery Permitted

 In re Galaxy Energy & Res. Co. Pte. Ltd., 2019 U.S. Dist. LEXIS 109718 (S.D.N.Y. July 1, 2019): Before the Court is the ex parte Petition of Galaxy Energy and Resources Co. Pte. Ltd. ("G ...
In re Galaxy Energy & Res. Co. Pte. Ltd., 2019 U.S. Dist. LEXIS 109718 (S.D.N.Y. July 1, 2019): Before the Court is the ex parte Petition of Galaxy Energy and Resources Co. Pte. Ltd. ("Galaxy" or "Petitioner") seeking permission to …
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§1927 Sanctions — Failure to Withdraw Claim Despite Letter Identifying Flaws But Later Seeking to Do So When Same Flaws Are Identified to Court in Dismissal Motion Is Unreasonable and Vexatious within §1927

Coleman v. Oasis Outsourcing, Inc., 2019 WL 2913718 (11th Cir. July 8, 2019) (unpublished): PER CURIAM: Brandon Coleman appeals the district court’s award of sanctions and grant of summary judgment to Oasis Outsourcing, Inc. (Oasis). Coleman asserts the district court abused its discretion when it determined Coleman’s failu ...
Coleman v. Oasis Outsourcing, Inc., 2019 WL 2913718 (11th Cir. July 8, 2019) (unpublished): PER CURIAM: Brandon Coleman appeals the district court’s award of sanctions and grant of summary judgment to Oasis Outsourcing, Inc. (Oasis). Coleman asserts the district court…
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Daubert: Court Properly Excluded Testimony from Expert Whose Report Was Researched, Drafted by Counsel with Only Minimally Revisions by Expert — That Process “Substantially Detracts from His Testimony’s Reliability and Usefulness” (Good Quote)

Puppolo v. Welch, 2019 U.S. App. LEXIS 18493, 2019 WL 2537526 (2d Cir. June 20, 2019) (unpublished): *1 UPON DUE CONSIDERATION WHEREOF, IT IS H ...
Puppolo v. Welch, 2019 U.S. App. LEXIS 18493, 2019 WL 2537526 (2d Cir. June 20, 2019) (unpublished): *1 UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the District Court be and hereby…
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Arbitration: Denial without Prejudice of Motion to Compel Arbitration Is Reviewable under the FAA, 9 U.S.C. § 16(a)(1)(B) — Striking Such a Motion on Technical Grounds, Maybe Not

 Griggs v. Kenworth of Montgomery, Inc., 2019 U.S. App. LEXIS 16786 (11th Cir. June 4, 2019) (unpublished): PER CURIAM: Kenworth of Montgomery Inc. brings this interlocutory a ...
Griggs v. Kenworth of Montgomery, Inc., 2019 U.S. App. LEXIS 16786 (11th Cir. June 4, 2019) (unpublished): PER CURIAM: Kenworth of Montgomery Inc. brings this interlocutory appeal under the Federal Arbitration Act (FAA), 9 U.S.C. § 16, contending …
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Sanctions: Dismissal for Evading Answers at Dep (“Deliberate Obtuseness”), = Lying to Avoid Giving Evidence, “Essentially Falsified Testimony” — Inherent Power, R. 37, R. 30(d): “Sanctions … Must Be Proportionate” (Good Quotes)

Donelson v. Hardy, 2019 WL 2949473 (7th Cir. July 9, 2019) (unpublished): ORDER *1 Charles Donelson sued a nurse and Wexford Health Sources, Inc., for allegedly providing him with constitutionally deficient medical care in prison and retaliating against him for filing other lawsuits. After the ...
Donelson v. Hardy, 2019 WL 2949473 (7th Cir. July 9, 2019) (unpublished): ORDER *1 Charles Donelson sued a nurse and Wexford Health Sources, Inc., for allegedly providing him with constitutionally deficient medical care in prison and retaliating against him for…
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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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