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: Vexatious Litigant Injunctions — Sixth Circuit Adopts 4-Part Test of Ninth Circuit

Clemons v. Dewine, 2019 U.S. App. LEXIS 13271 (6th Cir. May 1, 2019) (unpublished): ORDER Cornelius Clemons, a pro se Ohio resident, appeals the ...
Clemons v. Dewine, 2019 U.S. App. LEXIS 13271 (6th Cir. May 1, 2019) (unpublished): ORDER Cornelius Clemons, a pro se Ohio resident, appeals the district court's sua sponte dismissal of his civil rights action under 28 U.S.C. § 1915(e)(2)(B).…
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Spousal Privileges — (1) Adverse Spousal Testimony Priv. Invokable Only by Witness; Preferred Procedure Delineated — (2) Marital Communications Priv.: Invokable by Either; 3 Prongs; Inapplicable to Commc’ns re Joint Illegal Activity

United States v. Jackson, 2019 U.S. App. LEXIS 9807, 2019 WL 1501539 (6th Cir. April 3, 2019): A jury found Darries Jackson guilty of two counts of possessing ...
United States v. Jackson, 2019 U.S. App. LEXIS 9807, 2019 WL 1501539 (6th Cir. April 3, 2019): A jury found Darries Jackson guilty of two counts of possessing ammunition as a felon. Deciding that Jackson's prior convictions qualified as…
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Bench Trials — Post-Trial Motions: Rule 59(e) Inapt for Newly-Discovered Evidence — Should Use 59(a)(2) — New Evidence of Spoliation Insufficient If, Indulging Adverse Inference, Result Would Not Change

Jenkins v. Anton, 2019 U.S. App. LEXIS 12878 (11th Cir. April 29, 2019): Jennifer Jenkins worked as a paralegal for David Anton for about nine months. ...
Jenkins v. Anton, 2019 U.S. App. LEXIS 12878 (11th Cir. April 29, 2019): Jennifer Jenkins worked as a paralegal for David Anton for about nine months. She had a flexible work schedule, and records of the hours she worked …
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Rule 11 — Least Severe Sanction to Be Imposed — District Court May Deny Sanctions on Ground That Substantive Dismissal Is Enough, Or Could Add Dismissal Is Also on Rule 11 Grounds

Mr. Mudbug, Inc. v. Bloomin' Brands, 2019 U.S. App. LEXIS 13432 (5th Cir. May 1, 2019) (unpublished): PER CURIAM:
Mr. Mudbug, Inc. v. Bloomin' Brands, 2019 U.S. App. LEXIS 13432 (5th Cir. May 1, 2019) (unpublished): PER CURIAM:* Mr. Mudbug, Inc. ("MMI") appeals the dismissal of its breach-of-contract and detrimental-reliance claims on summary judgment. Bloomin' Brands, Inc.…
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Removal —§1447(c) Sanctions OK If No “Objectively Reasonable [vs. Frivolous] Basis,” Not If Position “Colorable” — §1446(b)(3) Limited to Developments in Case—Person Sued in Official Capacity Is Not Same As Individual

League of Women Voters of Pa. v. Pennsylvania, 2019 U.S. App. LEXIS 12124 (3d Cir. April 24, 2019): In 2017, the League of Women Voters and a group of Pennsylv ...
League of Women Voters of Pa. v. Pennsylvania, 2019 U.S. App. LEXIS 12124 (3d Cir. April 24, 2019): In 2017, the League of Women Voters and a group of Pennsylvania Democratic voters filed a state court lawsuit challenging Pennsylvania's…
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Rule 11: Unquantified Sanctions Award Not Appealable

Nayak v. Jennifer A. Farley & Voith Holding, 2019 U.S. App. LEXIS 10727 (7th Cir. April 11, 2019) (unpublished): Sandeep Nayak, a former employee of Voith Turbo ...
Nayak v. Jennifer A. Farley & Voith Holding, 2019 U.S. App. LEXIS 10727 (7th Cir. April 11, 2019) (unpublished): Sandeep Nayak, a former employee of Voith Turbo Inc. (a subsidiary of defendant-appellee Voith Holding Inc.), negotiated a settlement with …
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Sanctions: Failure to Pay Ordered Rule 37 Financial Sanctions without Justification Justifies Inherent Power Dismissal

Pope v. Krueger, 2019 U.S. App. LEXIS 10691 (7th Cir. April 11, 2019) (unpublished):  Jermel Pope, a former federal prisoner, appeals the district court's dismissa ...
Pope v. Krueger, 2019 U.S. App. LEXIS 10691 (7th Cir. April 11, 2019) (unpublished):  Jermel Pope, a former federal prisoner, appeals the district court's dismissal of his suit against the Federal Bureau of Prisons and several of its administrators…
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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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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

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

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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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