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

Federal Jurisdiction: Is Forum-Defendant Rule Jurisdictional? — Circuit Split — Choice of Law Clause Is Not “Tantamount” to Forum Selection Clause

Abdou v. Mahany, 2019 U.S. Dist. LEXIS 27271  (E.D. Wis. Feb. 21, 2019): On November 9, 2018, this case was removed from Wisconsin state court on the basis of federal question and diver ...
Abdou v. Mahany, 2019 U.S. Dist. LEXIS 27271  (E.D. Wis. Feb. 21, 2019): On November 9, 2018, this case was removed from Wisconsin state court on the basis of federal question and diversity jurisdiction pursuant to 28 U.S.C. §§…
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RICO—Relatedness: Use of Mail Fraud in 2 Schemes Not Enough; Nor Is Fact 1st Caused 2nd — 6th Cir. Factors — Continuity: No Bright Line 17 Mo. Minimum in 6th Cir. — No Acquisition Injury from Buying Co. as RICO Vehicle—No (d) If No (a)-(c)

Aces High Coal Sales, Inc. v. Community Bank & Trust Of West Geo ...
Aces High Coal Sales, Inc. v. Community Bank & Trust Of West Georgia, 2019 WL 1531876 (6th Cir. April 9, 2019): Plaintiffs appeal the district court’s dismissal of the civil RICO claims asserted in this action for failure to plausibly…
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28 U.S.C. §1782: Party Against Whom Discovery Is to Be Used May Intervene in Opposition — Party May Seek §1782 Discovery Despite Exclusive Venue Provision in Contract at Issue in the Foreign Dispute

Presently pending and ready for resolution in this case, brought under 28 U.S.C. § 1782, is the multi-faceted motion to intervene, to vacate the ex parte order granting the
Presently pending and ready for resolution in this case, brought under 28 U.S.C. § 1782, is the multi-faceted motion to intervene, to vacate the ex parte order granting the section 1782 application pursuant to rule 59(e), to quash…
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Taxation of Costs: Who Is the Prevailing Party when Both Sides Prevail on Something? — The One for Whom Judgment Is Entered — Taxable & Non-Taxable Deposition/Wayback Machine Costs (E.g., Video)

Computer Program & Sys. v. Wazu Holdings, 2019 U.S. Dist. LEXIS 38118 (S.D. Ala. Mar. 11, 2019): ORDER This matter is before the Court on CPSI's Bill of Costs ...
Computer Program & Sys. v. Wazu Holdings, 2019 U.S. Dist. LEXIS 38118 (S.D. Ala. Mar. 11, 2019): ORDER This matter is before the Court on CPSI's Bill of Costs (Doc. 329), Evident's objection (Doc. 330) and CPSI's reply (Doc.…
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Sanctions: While Negligence May Be Inadequate to Support Dismissal under R. 16 or for Failure to Prosecute, Attorney’s Fees Are Required by R. 16 for Ignoring Scheduling Orders unless Substantially Justified or Harmless

Coulter v. Paul Laurence Dunbar Cmty. Ctr., 2019 U.S. App. LEXIS 8228, 2019 WL 1283000 (3d Cir. Mar. 19, 2019) (unpublished): OPINION*
Coulter v. Paul Laurence Dunbar Cmty. Ctr., 2019 U.S. App. LEXIS 8228, 2019 WL 1283000 (3d Cir. Mar. 19, 2019) (unpublished): OPINION* PER CURIAM Pro se appellant Jean Coulter appeals from the judgment of the United States District…
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Texts Authenticated: Phone Taken from Party, Phone Properties Indicate Ownership (Picture of Party = “User-Generated Artifact”), Corroborated by Email Addresses & Content of Texts — Risk of Spoofing Acknowledged

Johnson v. State, 2019 Ga. App. LEXIS 69 (Ga. Ct. App. Feb. 19, 2019): Lillie Johnson appeals her conviction for one count of first-degree cruelty to a child, arguing that the trial cour ...
Johnson v. State, 2019 Ga. App. LEXIS 69 (Ga. Ct. App. Feb. 19, 2019): Lillie Johnson appeals her conviction for one count of first-degree cruelty to a child, arguing that the trial court abused its discretion in (1) excluding…
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Authentication: Attorney Affidavit Attaching Uncertified Copies of Public Records as “True and Correct” Based on Conclusory Assertion of “Personal Knowledge” Inadequate over Objection (Note: Fed. R. Evid. 902(5) Inapplicable)

City of Bakersfield v. W. Park Home Owners Ass'n & Friends, 2019 Cal. App. Unpub. LEXIS 2349 (Cal. Ct. App. April 4, 2019): West Park Home Owners Association and Friends (West Park ...
City of Bakersfield v. W. Park Home Owners Ass'n & Friends, 2019 Cal. App. Unpub. LEXIS 2349 (Cal. Ct. App. April 4, 2019): West Park Home Owners Association and Friends (West Park) opposed an action filed by the City…
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Supreme Court—Securities: Non-Maker Liable for Knowing Dissemination under 10b-5 & 17(a)(1) — Same Conduct Can Create Both Primary & Secondary Liability, Violate Multiple Subparts of 10b-5 –Janus Limited to Non-Disseminating Drafters?

Lorenzo v. SEC, 2019 U.S. LEXIS 2295, 2019 WL 1369839 (U.S. Mar. 27, 2019): Securities and Exchange Commission
Lorenzo v. SEC, 2019 U.S. LEXIS 2295, 2019 WL 1369839 (U.S. Mar. 27, 2019): Securities and Exchange Commission Rule 10b-5 makes it unlawful: [*6]  “(a) To employ any device, scheme, or artifice to defraud, “(b) To make any untrue…
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Supreme Court: Failure of Expert in Social Security Hearing to Disclose Supporting Data Doesn’t Necessarily Mean Substantial Evidence Standard Unmet — “Substantial” Evidence in Agency Proceedings Is “More Than a Mere Scintilla” (Good Quote)

Biestek v. Berryhill, 2019 U.S. LEXIS 2480 (U.S. April 1, 2019): The Social Security Administration (SSA) provides benefits to individuals who cannot obtain work because of a p ...
Biestek v. Berryhill, 2019 U.S. LEXIS 2480 (U.S. April 1, 2019): The Social Security Administration (SSA) provides benefits to individuals who cannot obtain work because of a physical or mental disability. To determine whether an applicant is entitled to …
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Dismissal Sanction — Neither R. 37 Nor Inherent Power Requires Clear & Explicit Warning — Lack = Factor for Court to Consider in Selecting Sanction — Rendering Discovery & Summary Judgment Useless with New Evidence Suffices (4th Cir. Factors)

Rangarajan v. Johns Hopkins Univ., 2019 U.S. App. LEXIS 5194 (4th Cir. Feb. 22, 2019): Mitra Rangarajan, who claims that she was constructively discharged as a nurse practitioner at the ...
Rangarajan v. Johns Hopkins Univ., 2019 U.S. App. LEXIS 5194 (4th Cir. Feb. 22, 2019): Mitra Rangarajan, who claims that she was constructively discharged as a nurse practitioner at the School of Medicine of Johns Hopkins University — whether…
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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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