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 56(d) Motion for Additional Discovery “Should Be Granted Almost As a Matter of Course” and Be Construed “Generously” Unless Discovery Not Diligently Pursued (Good Quotes) — Factors for Court’s Consideration

 Doe v. City of Memphis, 2019 U.S. App. LEXIS 19225 (6th Cir. June 27, 2019): Jane Doe No. 2 appeals the district court's March 9, 2017 Order granting Defendant City of Memphis summary judgment, and the ...
Doe v. City of Memphis, 2019 U.S. App. LEXIS 19225 (6th Cir. June 27, 2019): Jane Doe No. 2 appeals the district court's March 9, 2017 Order granting Defendant City of Memphis summary judgment, and the district court's May 22,…
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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 Ctr., 2019 WL 2754725 (2d Cir July 2, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.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 Ctr., 2019 WL 2754725 (2d Cir July 2, 2019) (unpublished): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.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CGC Holding Co., LLC v. Hutchens, 2019 WL 2724333 (10th Cir. July 1, 2019) (unpublished): *1 Defendants-Appellants Sandy Hutchens, Tanya Hutchens, and Jennifer Hutchens (collectively “the Hutchens Defendants”), proceeding pro se, appeal from a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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Recent Posts

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

Inherent Power Sanctions — Dismissal for Threatening Defendant and Magistrate Judge — No First Amendment Right to Threaten Violence

RICO: Domestic Injury — Delivery of Fraudulently Non-Conforming Goods FOB Los Angeles for Shipment to China Means Injury Arose Domestically When Purchaser Took Title —Other Relevant Factors Include That The Non-Conforming Goods Were Sourced and Made in the U.S. and The Racketeering Activity (Mail/Wire Fraud) Occurred in, and Was Directed from, the United States — Irrelevant to Domestic Injury Inquiry Whether Property Is Tangible or Intangible — 7th Circuit’s “Injury-Felt” Test of Domestic Injury Rejected by Supreme Court — RICO Standing Requires Concrete Financial Loss, Not Merely Injury to Valuable Intangible Property Interest (9th Circuit)

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

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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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