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

Sanctions: Because R. 11 Focuses on Deterrence, It Doesn’t Conflict with Compensatory State Statute Allowing Jury to Award Fees for Frivolous Positions — When May and Shall Used in Same Rule, Inference Is Usual Meanings (Good Quote)

Showan v. Pressdee, 2019 U.S. App. LEXIS 12754, 2019 WL 1891785 (11th Cir. April 29, 2019): *1 Plaintiff Galawezh Showan appeals from her $ 330,000 jury verdict against Defend ...
Showan v. Pressdee, 2019 U.S. App. LEXIS 12754, 2019 WL 1891785 (11th Cir. April 29, 2019): *1 Plaintiff Galawezh Showan appeals from her $ 330,000 jury verdict against Defendants Patrick Pressdee and Krispy Kreme Doughnut Corporation (“Krispy Kreme”). For the…
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Federal Arbitration Act — Subject Matter Jurisdiction: “Look Through” Approach Applies to Motions to Confirm (§9) Just Like Motions to Compel (§4) and Motions to Vacate (§10) — Award Confirmed If “Barely Colorable” (Good Quote)

Landau v. Eisenberg, 2019 U.S. App. LEXIS 13137 (2d Cir. May 1, 2019): Per Curiam. In June 2005, two groups from the Bobov Hasidic Jewish community in B ...
Landau v. Eisenberg, 2019 U.S. App. LEXIS 13137 (2d Cir. May 1, 2019): Per Curiam. In June 2005, two groups from the Bobov Hasidic Jewish community in Brooklyn, New York, agreed to arbitrate [*2]  certain disputes before a rabbinical…
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RICO: Municipalities/Tribes Not Exempt from Prospective Injunctive (& Other?) Relief on Mens Rea Grounds — Arbitration: Tribal Pay Day Loan Arb. Clauses Unconscionable

Gingras v. Think Fin., Inc., 2019 U.S. App. LEXIS 12104 (2d Cir. April 24, 2017): The federal government and many states have laws designed to protect ...
Gingras v. Think Fin., Inc., 2019 U.S. App. LEXIS 12104 (2d Cir. April 24, 2017): The federal government and many states have laws designed to protect consumers against predatory lending practices. In this case, we must determine what happens …
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Arbitration/New York Convention: Panel Is Comparatively More Expert about Meaning of Its Own Rules, Better Able to Interpret & Apply Them, & Doesn’t Exceed Power by Reasonably Construing Them

Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte Int'l Gmbh, 2019 U.S. App. LEXIS 11782 (11th Cir. April 23, 2019): Appellant Inversiones y P ...
Inversiones y Procesadora Tropical INPROTSA, S.A. v. Del Monte Int'l Gmbh, 2019 U.S. App. LEXIS 11782 (11th Cir. April 23, 2019): Appellant Inversiones y Procesadora Tropical INPROTSA, S.A. (INPROTSA) appeals from the district court's orders denying its petition to…
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Supreme Court: Ambiguous Contract, Like Silent One, Insufficient to Support Class Arbitration — Contra Proferentem Is Public Policy Rule, Not Helpful in Determining Parties’ Intent Nor Basis for Imposing Classwide Arbitration

Lamps Plus v. Varelam 2019 U.S. LEXIS 2943 (U.S. April 24, 2019): The Federal Arbitration Act requires courts to enforce covered arbitration agreement ...
Lamps Plus v. Varelam 2019 U.S. LEXIS 2943 (U.S. April 24, 2019): The Federal Arbitration Act requires courts to enforce covered arbitration agreements according to their terms. See 9 U. S. C. §2. In Stolt-Nielsen S. A. v. …
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RICO: Causation May Be Proved Circumstantially — Duty to Prove Absence of Any Plausible Motive under Matsushita Is Limited to Antitrusr (Dissent on This) — Use of Related Crimes Not Barred by 404(b)

Waste Mgmt. of Louisiana, L.L.C. v. River Birch, Inc., 2019 ...
Waste Mgmt. of Louisiana, L.L.C. v. River Birch, Inc., 2019 WL 1550248 (5th Cir. April 10, 2019): *1 This appeal challenges the district court’s order granting partial summary judgment in favor of Defendants River Birch, Inc., Albert Ward, Frederick …
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Sanctions Unwarranted Where Names of Undisclosed Witness Disclosed in Discovery (Rules 37(c)(1), 26(e)(1)(A)) — No Spoliation (Video) Absent Reasonably Foreseeable Threat of Litigation

Cottrell v. Nicholson Props. LLC, 2019 U.S. App. LEXIS 10922 (3d Cir. April 11, 2019): Maryann Cottrell and Richard Holland, now proceeding pro se, appeal the ...
Cottrell v. Nicholson Props. LLC, 2019 U.S. App. LEXIS 10922 (3d Cir. April 11, 2019): Maryann Cottrell and Richard Holland, now proceeding pro se, appeal the District Court's summary judgment in favor of Nicholson Properties, George Nicholson, Sr., and…
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Appeals: If Appellant Seeks to Reinstate Bkcy. Ct. Opinion, Opin. Is Effectively Its Opening Brief, So It Need Not Restate Args in Opin.— Otherwise, It Can’t Raise Args. Not Raised in D.Ct. or BAP — No Inherent Power to Override Stat. — Estoppel OK

In re Reyes-Colon (Popular Auto, Inc. v. Reyes-Colon), 2019 WL 1785039 (1st Cir. April 24, 2019): *1 Edgar Reyes-Colon (“Reyes-Colon”), a licensed plastic surgeon specializing in facial cosmetic surgery, allegedly failed to repay certain debts. In November 2006, one of his creditors, Banco Popular de Puerto Rico ( ...
In re Reyes-Colon (Popular Auto, Inc. v. Reyes-Colon), 2019 WL 1785039 (1st Cir. April 24, 2019): *1 Edgar Reyes-Colon (“Reyes-Colon”), a licensed plastic surgeon specializing in facial cosmetic surgery, allegedly failed to repay certain debts. In November 2006, one of…
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Arbitration: District Courts Have Little Discretion to Refuse Enforcement of Awards under New York Convention, Limited to Article V Grounds (Good Quotes) — Court Defers to Arbitration Organization’s Interpretation of Own Rules

Stati v. Republic of Kaz., 2019 U.S. App. LEXIS 11561 (D.C. Cir. April 19, 2019) (unpublished):   This appeal was considered on the record from the United States District Court for the Dis ...
Stati v. Republic of Kaz., 2019 U.S. App. LEXIS 11561 (D.C. Cir. April 19, 2019) (unpublished):   This appeal was considered on the record from the United States District Court for the District of Columbia, and on the briefs and…
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Disqualification — Advocate-Witness Rule (Rule 3.7) Bars Pretrial Work, Too — Doubts Resolved in Favor of Testimony, Not Advocacy — Hardship within Rule Must Be Unforeseeable

Wyndham Vacation Ownership v. Vacation Transfers Unlimited, 2019 U.S. Dist. LEXIS 67189 (M.D. Tenn. April 19, 2019): Pending before the Court is Plaintiffs&# ...
Wyndham Vacation Ownership v. Vacation Transfers Unlimited, 2019 U.S. Dist. LEXIS 67189 (M.D. Tenn. April 19, 2019): Pending before the Court is Plaintiffs' motion to disqualify Aubrey Givens and Kristin Fecteau Mosher (Docket Entry No. 24). For the reasons…
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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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