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

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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Supreme Court: Service by Mail on Foreign State Per FSIA §1608(a)(3) Must Be Mailed to Foreign Minister in Home Country, Not Embassy — Court Lacks Response to One Argument “Other Than … Not … Perfect Draftsmanship” (Good Quote)

Republic of
Republic of Sudan v. Harrison, 2019 U.S. LEXIS 2293 , 2019 WL 1333259 (U.S. Mar. 26, 2019): This case concerns the requirements applicable to a particular method of serving civil process on a foreign state.  Under the Foreign Sovereign …
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§1927 Sanctions: Tantamount-to-Bad Faith Standard (11th Cir.) — Inherent Power/1927: Fees May Be Incurred “Because of” Counsel’s Misconduct Even after S/he Withdraws — That Some Evid. May Support a Different Finding Isn’t Clear Error (Good Quot

Eldredge v. EDCare Mgmt., 2019 U.S. App. LEXIS 8076 (11th Cir. Mar. 19, 2019) (unpublished): PER CURIAM: Amlong & Amlong, P.A., a law firm, appeals the district court' ...
Eldredge v. EDCare Mgmt., 2019 U.S. App. LEXIS 8076 (11th Cir. Mar. 19, 2019) (unpublished): PER CURIAM: Amlong & Amlong, P.A., a law firm, appeals the district court's imposition of sanctions against it totaling $422,433.30 in attorney's fees and …
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Disqualification Should Be Decided before Merits — No Informed Consent Where Waiver Letter Merely States Interests “Are Or May Become Adverse” without Explanation — No Prejudice in Fact from Ethical Breach

Cedar Rapids Bank & Trust Co. v. Mako One Corp., 2019 U.S. App. LEXIS 8507, 2019 WL 1283988 (8th Cir. Mar. 21, 2019): In August 2013, Mako One Corporation ("Mako") ac ...
Cedar Rapids Bank & Trust Co. v. Mako One Corp., 2019 U.S. App. LEXIS 8507, 2019 WL 1283988 (8th Cir. Mar. 21, 2019): In August 2013, Mako One Corporation ("Mako") acquired the historic Badgerow Jackson Building in downtown Sioux …
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Spoliation: Timeliness of Sanctions Motion — 4 Factors for Gauging Whether Delay Should Bar Relief under Rule 37(e) [Or Otherwise] — Eve of Trial Too Late, If Non-Preservation Known Years Earlier, Even If Party Didn’t Realize Prejudice Earlier

Wakefield v. Visalus, Inc., 2019 WL 1411127 (D. Or. Mar. 27, 2019) ( 
Wakefield v. Visalus, Inc., 2019 WL 1411127 (D. Or. Mar. 27, 2019) ( Wakefield v. ViSalus, Inc., 2019 U.S. Dist. LEXIS 48012 (D. Or., Mar. 22, 2019)): *1 Trial is set to begin in this class action lawsuit on…
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Even State RICO Stat. Allowing Suit for “Indirect” Injury Doesn’t Permit Shareholder Suit for Harm to Corp. Devaluing Stock — It Is a Derivative Claim — Contempt for Violating Automatic Stay Where Corp. = Debtor

Nicole Gas Production, Ltd. v. Bowers, 2019 WL 850960 (6th Cir. Feb. 22, 2019): *1 This is a bankruptcy contempt dispute. Normally a party’s conduct is contemptuous or it is not. But in this unusual case, whether the defendants are in contempt depends on statutory construction. The question presented is whet ...
Nicole Gas Production, Ltd. v. Bowers, 2019 WL 850960 (6th Cir. Feb. 22, 2019): *1 This is a bankruptcy contempt dispute. Normally a party’s conduct is contemptuous or it is not. But in this unusual case, whether the defendants are …
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Appellate Review: While Ct App Must Pay Some Deference to Trial Judge’s Feel of Case, This Doesn’t Include Deference to Remittitur Based on Observations Jury Also Had Opportunity to Make

Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): [Footnote 6] "[A]n appellate court must pay ...
Angeles v. Nieves, 2018 N.J. Super. Unpub. LEXIS 1554, 2018 WL 3149551 (N.J. App. Div. June 28, 2018): [Footnote 6] "[A]n appellate court must pay some deference to a trial judge's 'feel of the case' . . . …
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Rule 404(b): Prior Bad Act Evidence Offered to Prove Matters Other Than Characteristic “Has Always Been Problematic for the Courts” — OK to Prove Lack of Accident when Defense Makes It Clear It Will Assert Accident Defense

Fairbanks v. State, 2019 WL 1374382 (Ind. Mar. 27, 2019): In criminal cases,
Fairbanks v. State, 2019 WL 1374382 (Ind. Mar. 27, 2019): In criminal cases, Indiana Evidence Rule 404(b)’s purpose is to prevent the jury from indulging in the “forbidden inference”—that a defendant must be guilty of the charged crime because,…
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Class Actions — Is There a Necessity Requirement under Rule 23(b)(2)? — Circuit Split — Ascertainability Means Class Members Can Be (Not Have Been) Identified — Even 20 Members Sufficiently Numerous

J.S.X. v. Foxhoven., 2019 U.S. Dist. LEXIS 43064, 2019 WL 1147144 (S.D. Iowa Mar. 13, 2019):  Plaintiffs J.S.X., C.P.X., and K.N.X. brought this action on [*3]  beha ...
J.S.X. v. Foxhoven., 2019 U.S. Dist. LEXIS 43064, 2019 WL 1147144 (S.D. Iowa Mar. 13, 2019):  Plaintiffs J.S.X., C.P.X., and K.N.X. brought this action on [*3]  behalf of a putative class of individuals at the Boys State Training School…
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Recent Posts

RICO: (1) Continuity: 4th Circuit Factors — (2) 4th Circuit Reserves RICO Liability for Unlawful Activities That Pose A Special Threat to Social Well-Being — (3) For Purposes of Determining Closed-Ended Continuity, Even Time-Barred Conduct Considered — (4) No Open-Ended Continuity If Racketeering Activity Has Built-In Ending Point — (5) Unlike General Federal Conspiracy, RICO Conspiracy Doesn’t Require Each Defendant to Perform an Overt Act in Furtherance of the Conspiracy

Whether Party Waived Arbitration by Litigating Is a Question for the Court, Not the Arbitrator

RICO: (1) Assignability of RICO Claims Uncertain — (2) Declining to Decide Whether Indirect-Purchaser Rule Applies to RICO (Given the Directness Requirement, How Much Does It Matter?) — (3) Two Types of Directness of Injury in Proximate Cause Analysis — (4) Proximate Cause As a Court Not Jury Issue in the First Instance

(1) RICO Pattern: Open-Ended Continuity — The Vendetta Exception — Jury Could Reasonably Infer That Scheme Directed at One Person, With Goal of Destroying His Current and Future Business Prospects, Presented A Threat of Continued Racketeering Activity Extending Indefinitely into the Future — Lawsuit’s “Fortuitous Interruption” of Scheme ≠ Lack of Threat of Continuing Racketeering Activity — Acts of Concealment Used to Perpetuate Violations — Multiple Schemes Not Required — Jury Could Judge Defendant’s Credibility in Assessing Threat of Continuing Criminal Activity — (2) RICO Conspiracy — Two Methods of Proof: Agreement to Overall Objective Or to Commit Predicate Acts — Agreement Can Be Inferred from Conduct — Conspirator Needn’t Know All Details, Have Contact with Other Conspirators Or Participate in Every Stage

Experts: “Normally, Courts Are Loath to Outright Dismiss An Expert” (Good Quote) — Experts Are Unhelpful If They Misstate the Law [Note Premise That Testimony on Law Not Precluded Outright] — Rule 37 Sanctions Unwarranted for Unjustifiable Failure to Produce Relevant Document Already in Requester’s Possession

FRAP 38 Sanctions: (1) Pressing Objectively Frivolous Arguments, Multiple Misstatements at Oral Argument and Failure to Address What District Judge Said Warrant Award against Appellants’ Counsel (Only) — (2) “General Award” of $5,000 Warranted Where Appellee Failed to Sufficiently Document Its Fees and Expenses [Goodyear v. Haegar Issue]]

RICO: Capital Call Investment Process Increasing Equity of Those Responding to Call at Expense of Those Not Responding ≠ Collection of An Unlawful Debt

RICO [And Constitutional] Standing: Concrete Injury Requirement Not Satisfied by Alleged Intangible Injuries of Intrusion Upon Seclusion, Confusion And Emotional Distress, Public Disclosure of Private Facts, Deterred Speech On Nondefamatory Matters, Violation Of First Amendment Rights, And Compulsion

Rule 37(b) Sanctions: Striking of Answer, Default Judgment, Civil Contempt and Piercing Corporate Veil for Deliberate Disregard of Multiple Orders to Produce — Finding of Deliberate Disregard of Court Order Is Factual, Triggering Clear Error Review — Discretion Narrows When Default Sanction Involved — Fourth Circuit Factors for Rule 37 Default Sanction Are Different Than Those for Inherent Power Dismissal Sanction — Continued Defiance of Court Orders And Millions in Unpaid Judgments And Tax Liens Render Lesser Sanctions Futile

RICO: No Causation for Company Harmed by Governmental Customers Shunning It After Employee Publishes Book Admitting He Bribed Governmental Officials — Harm Too Indirect, Not from Bribery (Predicate Act) But from Customers’ Decisions to Shun and Publication of Book (Both Lawful) — Customers Injured by Bribery of Their Officials Are More Direct Plaintiffs

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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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