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

Inherent Power Sanctions — Extrajudicial Misconduct — Dismissal for Threatening Own Counsel, Mediator, Opposing Claimants and Individual Representative of Opposing Party

Davis v. St. Luke’s-Roosevelt Hosp. Ctr., 2019 WL 2754725 (2d Cir July 2, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Barry Davis, proceeding pro se, appeals from a judgment of the District Cour ...
Davis v. St. Luke’s-Roosevelt Hosp. Ctr., 2019 WL 2754725 (2d Cir July 2, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED. Barry Davis, proceeding pro se…
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District Court Not Divested by Appeal of Power to Order Civil Contempt Sanction of $500/day for Failure to Pay Pre-Appeal Sanctions Award — While Pre-Judgment Civil Contempt Not Appealable, Post-Judgment Contempt Order = §1291 Final Decision

CGC Holding Co., LLC v. Hutchens, 2019 WL 2724333 (10th Cir. July 1, 2019) (unpublished): *1 Defendants-Appellants Sandy Hutchens, Tanya Hutchens, and Jennifer Hutchens (collectively “the Hutchens Defendants”), proceeding pro se, appeal from a post-judgment
CGC Holding Co., LLC v. Hutchens, 2019 WL 2724333 (10th Cir. July 1, 2019) (unpublished): *1 Defendants-Appellants Sandy Hutchens, Tanya Hutchens, and Jennifer Hutchens (collectively “the Hutchens Defendants”), proceeding pro se, appeal from a post-judgment1 order finding them in …
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Sanctions: Rule 11 “Duty to Conduct Reasonable Investigation into Law & Facts … Renews at Each Stage of Litigation” (Good Quotes) — 7th Circuit (Alone) Continues to Accept Disregard of Motion Requirement, Letter OK

McGreal v. Village of Orland Park, 2019 WL 2609341 (7th Cir. June 26, 2019): *1 The Village of Orland Park fired police officer Joseph McGreal in 2010. McGreal sued, alleging that the Village fired him in retaliation for remarks he made at a community board meeting. The district court granted summary judgment for th ...
McGreal v. Village of Orland Park, 2019 WL 2609341 (7th Cir. June 26, 2019): *1 The Village of Orland Park fired police officer Joseph McGreal in 2010. McGreal sued, alleging that the Village fired him in retaliation for remarks he…
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Experts/Daubert — Survey Results in Patent Infringement Case Must Be Adequately Tied to Claims — Questions Worded Broadly Enough to Capture Both Infringing and Non-Infringing Uses Not Helpful to Trier of Fact

   Parallel Networks Licensing v. Microsoft Corp., 2019 U.S. App. LEXIS 19442 (Fed. Cir. June 28, 2019): This is a patent case involving web pages. Parallel Net-works Licensing, LLC sued Microsoft Co ...
Parallel Networks Licensing v. Microsoft Corp., 2019 U.S. App. LEXIS 19442 (Fed. Cir. June 28, 2019): This is a patent case involving web pages. Parallel Net-works Licensing, LLC sued Microsoft Corporation in the United States District Court for the District…
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Does Arbitration Fail If Clause Names Unavailable (Out of Business) Arbitrator Or May Court Appoint a Sub under FAA §5? (Circuit Split) — Nonsignatory Enforcement of Arb Clause: Equitable Estoppel

 Frazier v. Western Union Co., 2019 U.S. Dist. LEXIS 51736 (D. Colo. Mar. 27, 2019): This matter is before the Court on Defendants' Motion to Stay Proceeding Pending Arbitration Pursuant to
Frazier v. Western Union Co., 2019 U.S. Dist. LEXIS 51736 (D. Colo. Mar. 27, 2019): This matter is before the Court on Defendants' Motion to Stay Proceeding Pending Arbitration Pursuant to Section 3 of the Federal Arbitration Act [#33]1…
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Appealability—Pendent Appellate Jurisdiction: Unquantified Exceptional Case Attorneys’ Fees Award under 35 U.S.C. § 285 — Like Unquantified Rule 11 Sanctions Award — Is Not Reviewable

 Elbit Sys. Land & C4I Ltd. v. Hughes Network Sys., LLC, 2019 U.S. App. LEXIS 18852 (Fed. Cir. June 25, 2019): Elbit Systems Land and C4I Ltd. and Elbit Systems of America, LLC (collectively, Elbit) brought ...
Elbit Sys. Land & C4I Ltd. v. Hughes Network Sys., LLC, 2019 U.S. App. LEXIS 18852 (Fed. Cir. June 25, 2019): Elbit Systems Land and C4I Ltd. and Elbit Systems of America, LLC (collectively, Elbit) brought this action against Hughes…
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Diversity Jurisdiction: Forum Selection Clause and Waiver of Forum Non Conveniens Together Waive Forum Defendant Rule, Which Is Waivable

 Uboh v. United States Equestrian Found., 2019 U.S. Dist. LEXIS 70840 (E.D. Ky. April 26, 2019): MEMORANDUM OPINION AND ORDER Plaintiff Cornelius Uboh, through counsel, has moved the ...
Uboh v. United States Equestrian Found., 2019 U.S. Dist. LEXIS 70840 (E.D. Ky. April 26, 2019): MEMORANDUM OPINION AND ORDER Plaintiff Cornelius Uboh, through counsel, has moved the Court to reconsider the decision outlined in the Court's previous memorandum opinion…
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Sanctions: Bankruptcy Courts Empowered to Impose Civil Contempt — Circuit Split As to Whether They Have the Power to Issue Criminal Contempt Sanctions — Civil Contempt Standards Elucidated

 Winnecour v. Ocwen Loan Servicing, LLC (In re Ransom), 2019 Bankr. LEXIS 953 (Bankr. W.D. Pa. Mar. 28, 2019): MEMORANDUM OPINION and ORDER This matter concerns an Order to ...
Winnecour v. Ocwen Loan Servicing, LLC (In re Ransom), 2019 Bankr. LEXIS 953 (Bankr. W.D. Pa. Mar. 28, 2019): MEMORANDUM OPINION and ORDER This matter concerns an Order to Show Cause ("OTSC") that was issued in both of the above…
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A Supplemental Complaint Filed Pursuant to Fed. R. Civ. P. 15(d), Which Adds Facts Not in Existence at the Time of Original Filing, May Be Used to Correct Substantive Defects in Original, Including Lack of Standing

St. Bernard Parish Gov't v. United States, 2019 U.S. Claims LEXIS 686 (Court of Federal Claims June 20, 2019): BACKGROUND On April 4, 2019, the court issued an Opinion in the above ...
St. Bernard Parish Gov't v. United States, 2019 U.S. Claims LEXIS 686 (Court of Federal Claims June 20, 2019): BACKGROUND On April 4, 2019, the court issued an Opinion in the above-captioned case denying defendant's motion to dismiss. See St. …
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Daubert — Expert Testimony That Location of Warning Labels on Jet Ski Were Not Sufficiently Visible Properly Excluded Absent Any Methodology — Opinion Was “At Best, An Educated Guess” (Good Quote)

 Ruggiero v. Yamaha Motor Corp., 2019 U.S. App. LEXIS 18143 (3d Cir. June 17, 2019) (unpublished): After suffering a severe injury while riding a personal watercraft (PWC), Plaintiff Angela Ruggierio sued th ...
Ruggiero v. Yamaha Motor Corp., 2019 U.S. App. LEXIS 18143 (3d Cir. June 17, 2019) (unpublished): After suffering a severe injury while riding a personal watercraft (PWC), Plaintiff Angela Ruggierio sued the PWC's wholesaler, Defendant Yamaha Motor Corp., U.S.A., alleging…
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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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