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

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 LEXIS 18143 (3d Cir. June 17, 2019) (unpublished): After suffering a severe injury while riding a personal watercraft (PWC), Plaintiff Angela Ruggierio sued th ...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 LEXIS 18143 (3d Cir. June 17, 2019) (unpublished): After suffering a severe injury while riding a personal watercraft (PWC), Plaintiff Angela Ruggierio sued the PWC's wholesaler, Defendant Yamaha Motor Corp.,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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Erie Doctrine: State Trial Court Rulings Provide Guidance But Are Not Controlling Unless They Are Treated As Precedents within the State — [Generally] They Are “At Most Persuasive, But … Not Binding on a Federal Court”

Amaral Enters. Llc v. Gian, 2019 U.S. Dist. LEXIS 101269 (D. Mass. June 18, 2019): Footnote 6.  When a federal trial court sits in diversity, "[s]tate trial court rulings provide guidance but ar ...
Amaral Enters. Llc v. Gian, 2019 U.S. Dist. LEXIS 101269 (D. Mass. June 18, 2019): Footnote 6.  When a federal trial court sits in diversity, "[s]tate trial court rulings provide guidance but are not controlling unless they are treated as …
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Tangible Spoliation: Negligence Enough for Adverse Inference in 2d Cir. — RR Not Sanctioned for Altering Scene 3 Years Post-Accident (Passage of Time, Conflicting Safety Duty)—Expert Testimony Out Where Counsel Misled Adversary as to Gist (37(c)(1))

Colon v. Metro N. Commuter R.R. Co., 2019 U.S. App. LEXIS 18313 (2d Cir. June 19, 2019): Plaintiffs-Appellants Milton Omar Colon and Arlene Davis (collectively, "Plaintiffs") appeal from the judgmen ...
Colon v. Metro N. Commuter R.R. Co., 2019 U.S. App. LEXIS 18313 (2d Cir. June 19, 2019): Plaintiffs-Appellants Milton Omar Colon and Arlene Davis (collectively, "Plaintiffs") appeal from the judgment entered on October 19, 2017 by the United States District…
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Res Judicata: Prior Judgment Barring Later RICO Claim against Client Also Bars It against Client’s Counsel (Privity) — While Pro Se Pleadings Liberally Construed, Failure to Make Any Argument Waives Claimed Error

Rivas v. Bank of New York Mellon, 2019 WL 2419484 (11th Cir. June 10, 2019) (unpublished): PER CURIAM: *1 Armando Rivas, proceeding pro se, appeals the district court’s dismissal of his amended complaint alleging that the defendants—entities in the banking and loan industries, a law firm, and two a ...
Rivas v. Bank of New York Mellon, 2019 WL 2419484 (11th Cir. June 10, 2019) (unpublished): PER CURIAM: *1 Armando Rivas, proceeding pro se, appeals the district court’s dismissal of his amended complaint alleging that the defendants—entities in the banking…
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R. 37/16(f) Sanctions for Violating Protective Order by Reading Confidential Info Aloud in Court: Can’t Seek Fees for Sxs Issue from Later Fee App, Defense Fees Deducted from Any Award; Contingent Bar of Counsel from Arguing Again

In re Apple Device Performance Litig., 2019 U.S. Dist. LEXIS 100322 (N.D. Cal. June 14, 2019): ORDER RE MOTION FOR SANCTIONS Re: Dkt. N ...
In re Apple Device Performance Litig., 2019 U.S. Dist. LEXIS 100322 (N.D. Cal. June 14, 2019): ORDER RE MOTION FOR SANCTIONS Re: Dkt. No. 313 The Court expressed its disappointment with the parties, and with Mr. Cotchett and Mr.…
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Inherent Power to Dismiss for Want of Prosecution Animates Rule 41 — Factors (4th Cir.) ≠ “Rigid Test” — Clients Participated in Violations of Rules & Orders — Need to Alert District Court of Justifications, Else No Abuse of Discretion

Attkisson v. Holder, 2019 U.S. App. LEXIS 17882 (4th Cir. May 17, 2019, Amended June 10, 2019): Plaintiffs Sharyl Thompson Attkisson, James Howard Attk ...
Attkisson v. Holder, 2019 U.S. App. LEXIS 17882 (4th Cir. May 17, 2019, Amended June 10, 2019): Plaintiffs Sharyl Thompson Attkisson, James Howard Attkisson, [*2]  and Sarah Judith Starr Attkisson appeal from the dismissal with prejudice of their claims …
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Patent-Agent (PA)-Client Privilege Is Narrower Than Attorney-Client, Coextensive with Rights of PAs to Practice before USPTO, Defined by USPTO Regs: Services Nec’y to Prep /Prosecution of Patent Applications

Luv N' Care v. Williams Intellectual Prop., 2019 U.S. Dist. LEXIS 98960 (D. Colo. June 12, 2019): This matter is before the Court on Plaintiff's
Luv N' Care v. Williams Intellectual Prop., 2019 U.S. Dist. LEXIS 98960 (D. Colo. June 12, 2019): This matter is before the Court on Plaintiff's Motion to Compel Williams Intellectual Property's Compliance with Subpoena and for Expedited Briefing [#1]…
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Rule 11 Sanctions: No Failure to Mitigate Fees Shown Where Warning Letters Ignored — Time Spent Reviewing Social Media Posts OK — Inability to Pay May Be Offset by Deterrence — No R. 11 Fees for Time Spent on Appeal

Horen v. Board of Educ. of City of Toledo Public Sch. Dist., 2016 WL 11599934 (6th Cir. Mar. 25, 2016): *1 Glenn Horen, proceeding pro se, appeals the district court’s imposition of
Horen v. Board of Educ. of City of Toledo Public Sch. Dist., 2016 WL 11599934 (6th Cir. Mar. 25, 2016): *1 Glenn Horen, proceeding pro se, appeals the district court’s imposition of Federal Rule of Civil Procedure 11 sanctions against…
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RICO Extraterritoriality: Focus of Mail or Wire (MoW) Fraud Stat. Is Use of MoW in Aid of Scheme, Is Domestic If Use Is Domestic & Core Component of Scheme — Bank Fraud Domestic If Core Component Is Use of Domestic MoW to Steal Property in US

Bascuñán v. Elsaca, 2019 WL 2455168 (2d Cir. June 13, 2019) (Bascuñán II) (the Second Circuit’s opinion in Bascuñán I is contained in our November 20, 2018 blog post): *1 This is the second time we have been asked to decide whether Jorge Yarur Bascuñán and affiliated parties (collec ...
Bascuñán v. Elsaca, 2019 WL 2455168 (2d Cir. June 13, 2019) (Bascuñán II) (the Second Circuit’s opinion in Bascuñán I is contained in our November 20, 2018 blog post): *1 This is the second time we have been asked to …
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RICO Enterprise: Only Some Defendants with Forum Selection Clause (FSC) or Arbitration Clause — All Defs “in Cahoots” with Signatory Stuck with FSC, All Plaintiffs with Arb. Clauses May Ask FSC Court Not to Enforce Them—FSC = Fed Law Iss.

Wilson v. 5 Choices, LLC, 2019 WL 2451068 (6th Cir. June 12, 2019): *1 Rebecca K. Wilson and twenty other Plaintiffs appeal the district court’s dismissal of Plaintiffs’ claims against 5 Choices, LLC and twenty-five other Defendants. Plaintiffs argue on appeal that the district court erred in dismissing their clai ...
Wilson v. 5 Choices, LLC, 2019 WL 2451068 (6th Cir. June 12, 2019): *1 Rebecca K. Wilson and twenty other Plaintiffs appeal the district court’s dismissal of Plaintiffs’ claims against 5 Choices, LLC and twenty-five other Defendants. Plaintiffs argue on…
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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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