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

Inherent Power Sanctions — Civil Contempt Imediately Appealable If No Continuing Lit. — Oral Injunction Enforceable (Circuit Split) — Court Can’t Credit Time Served, But May Decrease (Not Incr.) Fed. Sentence & Order Concurrent/Consec. Sentences

In re United States Bureau of Prisons, 2019 U.S. App. LEXIS 7560 (5th Cir. Mar. 14, 2019): The U.S. Bureau of Prisons (BOP) appeals a contempt sanction related to its calculation of sent ...
In re United States Bureau of Prisons, 2019 U.S. App. LEXIS 7560 (5th Cir. Mar. 14, 2019): The U.S. Bureau of Prisons (BOP) appeals a contempt sanction related to its calculation of sentencing credits for federal prisoners. We reverse.…
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Class Actions — Must Plaintiffs Show an “Administratively Feasible” Method for Determining Class Membership? — Circuit Split — Impermissibility of “Fail-Safe” and “Self-Identifying” Classes

Usry v. Equityexperts, 2019 U.S. Dist. LEXIS 39651 (S.D. Ga. Mar. 12, 2019): Before the Court are the following motions: (1) Plaintiffs' unopposed motion to amend the complaint (Doc. ...
Usry v. Equityexperts, 2019 U.S. Dist. LEXIS 39651 (S.D. Ga. Mar. 12, 2019): Before the Court are the following motions: (1) Plaintiffs' unopposed motion to amend the complaint (Doc. 82) pursuant to Federal Rule of Civil Procedure 15,…
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Rule 11 Order without Final Fees Award Appealable If Parties Stipulate as to Amount — First Amendment No Defense to Sanctions for Suing (1) without Standing (2) Immune Defendants — Substantial Frivolous Claims Not Outweighed by Sound Claims

Collins v. Daniels, 2019 WL 908645 (10th Cir. Feb. 25, 2019): *1 This is a § 1983 case that challenges the constitutionality of New Mexico’s system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of New Mexico (“BBANM”), and five New Mexico state legislators (the “Legislator ...
Collins v. Daniels, 2019 WL 908645 (10th Cir. Feb. 25, 2019): *1 This is a § 1983 case that challenges the constitutionality of New Mexico’s system of bail. Plaintiffs-Appellants Darlene Collins, the Bail Bond Association of New Mexico (“BBANM”), and …
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Magistrate Judge Decisions — May or Must a District Judge Consider New Evidence When Reviewing De Novo Findings & Recommendation? — Circuit Split — Standard of Review of Unobjected to Portions

Seehawer v. McMinnville Water & Light, 2019 U.S. Dist. LEXIS 27372, 2019 WL 826454 (D. Or. Feb. 21,2019): United States Magistrate Judge John V. Acosta issued Findings and Recommendatio ...
Seehawer v. McMinnville Water & Light, 2019 U.S. Dist. LEXIS 27372, 2019 WL 826454 (D. Or. Feb. 21,2019): United States Magistrate Judge John V. Acosta issued Findings and Recommendation in this case on December 10, 2018. ECF 52. Magistrate…
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R. 37 Sanctions—Dismissal—R. 26(a) Violated by Disclosure of New Evid. for New Legal Theory at End of Discovery — R. 16(f) Violated Where Sched. Order Required Disclosure in Time to Allow Deps. — Court Needn’t Tick Through All Factors

Gomez v. Haystax Tech., Inc., 2019 U.S. App. LEXIS 6618 (4th Cir. Mar. 5, 2019): In this appeal, Appellant Ramona Rae Gomez, a former employee of NetCentrics and Haystax Technology (coll ...
Gomez v. Haystax Tech., Inc., 2019 U.S. App. LEXIS 6618 (4th Cir. Mar. 5, 2019): In this appeal, Appellant Ramona Rae Gomez, a former employee of NetCentrics and Haystax Technology (collectively, "Appellees"), asserts that Appellees discriminated against her in…
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U.S. Courts Have Power under Bankruptcy Code to Pursue Foreign Subsequent Transfers of Fraudulent Conveyance — Neither Presumption against Extraterritoriality Nor International Comity Preclude This

In re Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Inv. Secs. LLC, 2019 WL 903978 (2d Cir. Feb. 25, 2019): *1 These eighty-eight consolidated appeals arise from the ongoing fallout of Bernard Madoff’s Ponzi scheme. As alleged, Bernard L. Madoff Investment Securities LLC (“Madoff Securities ...
In re Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Inv. Secs. LLC, 2019 WL 903978 (2d Cir. Feb. 25, 2019): *1 These eighty-eight consolidated appeals arise from the ongoing fallout of Bernard Madoff’s Ponzi scheme. As…
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Email Warning Proprietor of Dangerous Condition ≠ Hearsay If Offered for Notice — Fact Noticed Risk Is Somewhat Different Than Risk at Issue OK — Police Officer’s Alleged History of Excessive Force ≠ Rule 406 Habit or Routine Practice

Sherrod v. Williams, 2019 U.S. Dist. LEXIS 15699 (S.D. Ohio Jan. 31, 2019): This matter is currently before the Court on several motions in limine. Defendants Officer S ...
Sherrod v. Williams, 2019 U.S. Dist. LEXIS 15699 (S.D. Ohio Jan. 31, 2019): This matter is currently before the Court on several motions in limine. Defendants Officer Sean C. Williams, Sergeant David M. Darkow, Chief Dennis Evers and the…
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Inherent Power Sanctions Properly Denied Where Losing Party “Vigorously Litigated” But Not in Bad Faith (Good Quote) — Whether to Hold Evidentiary Hearing on Sanctions Motion, under Rule 43(a), Is Reviewed for Abuse of Discretion

In re Johnson (Gonzalez v. Johnson), 2019 WL 126753 (9th Cir. Jan. 8, 2019) (unpublished): MEMORANDUM** *1 Defendants-Appellants appeal the district court’s affirmance of the bankruptcy court’s denial of their motion for attorneys’ fees. We affirm.
In re Johnson (Gonzalez v. Johnson), 2019 WL 126753 (9th Cir. Jan. 8, 2019) (unpublished): MEMORANDUM** *1 Defendants-Appellants appeal the district court’s affirmance of the bankruptcy court’s denial of their motion for attorneys’ fees. We affirm. 1. Defendants-Appellants contend…
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Appellate Jurisdiction: Rule 37 Monetary Sanctions Unappealable under Cunningham & Too Linked to Merits (+ Reviewable Later) to Fall within Collateral Order Doctrine

Siser N. Am., Inc. v. World Paper, Inc., 2018 U.S. App. LEXIS 33313 (6th Cir. Nov. 27, 2018): Michael Laurence Feinstein, former attorney for Defendants, appeals the district co ...
Siser N. Am., Inc. v. World Paper, Inc., 2018 U.S. App. LEXIS 33313 (6th Cir. Nov. 27, 2018): Michael Laurence Feinstein, former attorney for Defendants, appeals the district court's interlocutory order, ordering him to pay $76,925.53 in sanctions.…
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Statute of Limitations — When a Prior Lawsuit Does, and Does Not, Trigger Inquiry Notice (2d Circuit) — Similarly Situated Plaintiffs in Near Proximity (Co-Tenants) Pressing Essentially the Same Grievance against One of the Same Defendants Is Enough

421-A Tenants Ass’n, Inc. v. 125 Court Street LLC, 2019 WL 317447 (2d Cir. Jan. 23, 2019) (unpublished): *1 Plaintiffs-Appellants 421-A Tenants Association, Inc., Vinetta Scrivo, and Richard Lebed (“the tenants”) appeal from the district court’s decision dismissing their class action complaint for failure to s ...
421-A Tenants Ass’n, Inc. v. 125 Court Street LLC, 2019 WL 317447 (2d Cir. Jan. 23, 2019) (unpublished): *1 Plaintiffs-Appellants 421-A Tenants Association, Inc., Vinetta Scrivo, and Richard Lebed (“the tenants”) appeal from the district court’s decision dismissing their class…
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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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