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

New Trial for Fraud Requires More Than “Differences in Recollection or Opinion” — 60(b) Denial of New Trial for Fraud Bars New Fraud Action — Action “Plainly Barred by Res Judicata” Is Baseless, Warrants Rule 11 Sanctions (Good Quotes)

Elkharwily v. Franciscan Health Sys., 2019 WL 2406946 (9th Cir. June 7, 2019) (unpublished): MEMORANDUM* In No. 17-35009 (“Elkharwily I”), Alaa Elkharwily, M.D., appeals the district court’s judgment after a jury trial his action against Franciscan Health System (“FHS”), alleging defamation and disabili ...
Elkharwily v. Franciscan Health Sys., 2019 WL 2406946 (9th Cir. June 7, 2019) (unpublished): MEMORANDUM* In No. 17-35009 (“Elkharwily I”), Alaa Elkharwily, M.D., appeals the district court’s judgment after a jury trial his action against Franciscan Health System …
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RICO Not Preempted by ERISA — Issue Waived on Appeal if Arguments “Underdeveloped, Conclusory or Unsupported by Law” — Failure to “Engage with the Reasons the District Court Gave” = Waiver (Good Quotes)

DiJoseph v. Standard Ins. Co., 2019 WL 2406629 (7th Cir. June 7, 2019) (unpublished): Teresa Di Joseph appeals the district court’s dismissal of her claims against Standard Insurance Company and UnitedHealth Group. Di Joseph sued the companies for terminating her long-term disability benefits. She brought thirteen claims u ...
DiJoseph v. Standard Ins. Co., 2019 WL 2406629 (7th Cir. June 7, 2019) (unpublished): Teresa Di Joseph appeals the district court’s dismissal of her claims against Standard Insurance Company and UnitedHealth Group. Di Joseph sued the companies for terminating her …
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Judicial Immunity: 2 Exceptions — 26(a) Disclosure of Amount of Attorney’s Fees But Failure to Produce Discovery Justifying It = 37(c) Exclusion — 5 Factor Substantial Justification / Harmless Error Test (6th Cir. = 4th)

  HLV, LLC v. Van Buren Cnty., 2019 WL 2273400 (6th Cir. Mary 28, 2019): *1 As many cases do, this one has taken on a new life as it progressed through the courts. What began as a collection action in state court has evolved into a federal civil rights and
HLV, LLC v. Van Buren Cnty., 2019 WL 2273400 (6th Cir. Mary 28, 2019): *1 As many cases do, this one has taken on a new life as it progressed through the courts. What began as a collection action in …
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§1782 Application Denied Where It Sought (1) Discovery Available from Party to Foreign Litigation, (2) to Circumvent Restrictive Foreign Discovery Practices & (3) Evidence from Foreign Subsidiary of Subpoenaed U.S. Entity

Effecten-Spiegel AG v. Merrill Lynch, Pierce, Fenner & Smith Inc., 2019 U.S. App. LEXIS 17061, 2019 WL 2354776 (2d Cir. June 4, 2019) (unpublished): UPON DUE C ...
Effecten-Spiegel AG v. Merrill Lynch, Pierce, Fenner & Smith Inc., 2019 U.S. App. LEXIS 17061, 2019 WL 2354776 (2d Cir. June 4, 2019) (unpublished): UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of the…
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Discovery Sanctions (26, 37, 1928, Inherent Power) Properly Denied Where All Materials Eventually Produced, None of the Late-Produced Documents Affected the Outcome, and Both Sides Contributed to Delay and Expense

Green v. City of Southfield, 2019 U.S. App. LEXIS 15744 (6th Cir. May 28, 2019): Two cars collided in a busy intersection in a Detroit suburb. The police decid ...
Green v. City of Southfield, 2019 U.S. App. LEXIS 15744 (6th Cir. May 28, 2019): Two cars collided in a busy intersection in a Detroit suburb. The police decided that one of the drivers, Dawn Green, ran a red…
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Arbitration — 4 Triggers for the New York Convention — Because Convention Is a Treaty, It Is Unaffected by Statute Protecting State Regulation from Any “Act of Congress” — Convention Preempts Contrary State Statute

McDonnel Grp., L.L.C. v. Great Lakes Ins. SE, 2019 U.S. App. LEXIS 14177, 2019 WL 2082905 (5th Cir May 13, 2019): In this appeal, relating to arbitrati ...
McDonnel Grp., L.L.C. v. Great Lakes Ins. SE, 2019 U.S. App. LEXIS 14177, 2019 WL 2082905 (5th Cir May 13, 2019): In this appeal, relating to arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards,…
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Declining Supplemental Jurisdiction on Dismissal of Federal Claims without Considering Diversity Abuses Discretion when Diversity Possible from Complaint — Pro Se Should Get One Amendment

Stoller v. Walworth Cty., 2019 WL 2305033 (7th Cir. May 30, 2019): *1 Christopher Stoller (along with Michael Stoller, who is not a party to this appeal) sued Walworth County, Wisconsin, and many of its public officials for allegedly selling tax-delinquent property at inflated prices based on “sham” apprai ...
Stoller v. Walworth Cty., 2019 WL 2305033 (7th Cir. May 30, 2019): *1 Christopher Stoller (along with Michael Stoller, who is not a party to this appeal) sued Walworth County, Wisconsin, and many of its public officials for allegedly selling …
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Social Media Video — Silent Witness Theory of Authentication / Admissibility — Unedited Videos Compiled from Party’s Phone Showing Party Sufficiently Authenticated without Proof of Process of Reproduction — Judge vs. Jury Roles [R. 104(a) vs.(b)]

Hibbert v. State, 2019 Md. App. LEXIS 438 (Md. Ct. Spec. App. May 29, 2019): Appellant Jovan A. Hibbert was convicted in the Circuit Court for Montgom ...
Hibbert v. State, 2019 Md. App. LEXIS 438 (Md. Ct. Spec. App. May 29, 2019): Appellant Jovan A. Hibbert was convicted in the Circuit Court for Montgomery County of human trafficking by force and benefitting financially from human trafficking. …
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Texts — Admissibility: Offer to Buy Cocaine ≠ Hearsay [I.e., Is a Verbal Act] — Authentication by Recipient Who Recognized Number As One He’d Used to Converse with Sender, and Sender’s Acts in Compliance with Text, Enough

Commonwealth v. Davis, 2019 Pa. Super. Unpub. LEXIS 2129 (Pa. Super. Ct. May 31, 2019): Damion Glenroy Davis appeals from the judgment of sentence ente ...
Commonwealth v. Davis, 2019 Pa. Super. Unpub. LEXIS 2129 (Pa. Super. Ct. May 31, 2019): Damion Glenroy Davis appeals from the judgment of sentence entered following his jury trial convictions for possession with intent to deliver ("PWID") [controlled substances] …
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No Disqualification for Concurrent Representation — Insurer’s Employment of Lawyer for Insured Creates Only Principal-Independent Contractor Relationship

Developers Diversified of Tenn., Inc. v. Tokio Marine & Fire Ins. Co., 2019 U.S. Dist. LEXIS 70184, 2019 WL 1861322 (M.D. Tenn. April 25, 2019): Pending before ...
Developers Diversified of Tenn., Inc. v. Tokio Marine & Fire Ins. Co., 2019 U.S. Dist. LEXIS 70184, 2019 WL 1861322 (M.D. Tenn. April 25, 2019): Pending before the Court is Plaintiff's motion for attorneys' fees and related nontaxable [*2] …
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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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