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

Rule 34: Party Must Produce Docs/Data It Has Practical Ability to Get — Not Required to Sue — Non-Producer Can’t Assign Claim to Avoid Duty — Requesting Party Must Prove Practical Ability — Preclusion of Use by Non-Producer

Coventry Capital Us Llc v. EEA Life Settlements, 2019 U.S. Dist. LEXIS 12386 (S.D.N.Y. Jan. 24, 2019): I. Introduction By letter dated June 12, 2018 (Docket Item ("D. ...
Coventry Capital Us Llc v. EEA Life Settlements, 2019 U.S. Dist. LEXIS 12386 (S.D.N.Y. Jan. 24, 2019): I. Introduction By letter dated June 12, 2018 (Docket Item ("D.I.") 66) ("Coventry's June 12 Ltr."), plaintiff Coventry Capital US LLC ("Coventry")…
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Dismissal without Prejudice Doesn’t Make Def. Prevailing Party — Nor Does Defeating Preliminary Injunction — Must Have Judicial Action Changing Parties’ Relationship, Like Winning PI & Causing Opponent to Relent

Live v. Lonestar Logos Mgmt. Co., 2018 U.S. App. LEXIS 32139 (5th Cir. Nov. 13, 2018): This is the first Defend Trade Secrets Act case that has reached our cou ...
Live v. Lonestar Logos Mgmt. Co., 2018 U.S. App. LEXIS 32139 (5th Cir. Nov. 13, 2018): This is the first Defend Trade Secrets Act case that has reached our court. 18 U.S.C. § 1836 (effective May 11, 2016). But…
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Private Citizen Lacks Judicially Cognizable Interest in Prosecution of Another, Cannot Sue for Punishment or Deportation, Just As S/he Cannot Commence Criminal Action

Valmord v. Acs/Administration Children Servs., 2019 U.S. Dist. LEXIS 20301 (E.D.N.Y. Jan. 30, 2019): Plaintiff Ritchlet W. Valmord brings this pro se ...
Valmord v. Acs/Administration Children Servs., 2019 U.S. Dist. LEXIS 20301 (E.D.N.Y. Jan. 30, 2019): Plaintiff Ritchlet W. Valmord brings this pro se action against his former wife, Lila Cesar ("Cesar"), and four other defendants who allegedly helped her obtain…
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Does the FSIA Apply, & Limit Jurisdiction, in Criminal Cases? (Circuit Split) — Under Animal Sciences, Decl. of Foreign Law from Counsel Rejected (R. 44.1) — Old Cases=“Era When Jurisdiction Had Too Many Meanings (Good Quote)

In re Grand Jury Subpoena, 2019 WL 125891 (D.C. Cir. Jan. 8, 2019): Per Curiam:*Opinion Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge
In re Grand Jury Subpoena, 2019 WL 125891 (D.C. Cir. Jan. 8, 2019): Per Curiam:*Opinion Opinion concurring in part and concurring in the judgment filed by Senior Circuit Judge Williams. *1 With the Foreign Sovereign Immunities Act …
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RICO Statute of Limitations — Plaintiffs Must Plead Fraudulent Concealment with Particularity to Establish Equitable Tolling

Evans v. Ariz. Cardinals Football Club, 2019 U.S. App. LEXIS 3706 *; __ Fed. Appx. __; 2019 WL 459857 (9th Cir. Feb. 9, 2019) (unpublished): MEMORANDUM
Evans v. Ariz. Cardinals Football Club, 2019 U.S. App. LEXIS 3706 *; __ Fed. Appx. __; 2019 WL 459857 (9th Cir. Feb. 9, 2019) (unpublished): MEMORANDUM* This case arises from a suit brought by former players and the …
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Prejudgment Interest — On Federal Claims, S.D.N.Y. Judges Split on Use of NY vs. Fed. Rate — Here, Fed. Rate Chosen, Even Though State Rate Necessarily Used for State Claims & Plaintiff Actually Earned 11% During Period

Montefiore Med. Ctr. v. Local 272 Welfare Fund, 2019 U.S. Dist. LEXIS 13385 (S.D.N.Y. Jan. 25, 2019) (R&R):  REPORT AND RECOMMENDATION SARAH NETB ...
Montefiore Med. Ctr. v. Local 272 Welfare Fund, 2019 U.S. Dist. LEXIS 13385 (S.D.N.Y. Jan. 25, 2019) (R&R):  REPORT AND RECOMMENDATION SARAH NETBURN, [*2]  United States Magistrate Judge. TO THE HONORABLE RONNIE ABRAMS: In 2009, Plaintiff Montefiore …
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Rule 41(b) Dismissal Requires Non-Compliance with Court Order “Longer Than Just a Few Months” & “Characterized by Significant Periods of Inactivity” — Merely “Careless, Inconsiderate … Exasperating” Conduct Insufficient

Morgan v. Ams. Ins. Co., 2019 U.S. App. LEXIS 205 (5th Cir. Jan. 4, 2019): Appellant A-Plus Contractors, L.L.C. ("A-Plus") and its owner, Appellant Stacy Morgan ("Morgan ...
Morgan v. Ams. Ins. Co., 2019 U.S. App. LEXIS 205 (5th Cir. Jan. 4, 2019): Appellant A-Plus Contractors, L.L.C. ("A-Plus") and its owner, Appellant Stacy Morgan ("Morgan"), appeal the district court's dismissal with prejudice of their lawsuit under Federal …
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Court Lacks Inherent Power (IHP) to Bar Retrial after 2 Hung Juries Where No Prej’l Gov’t Misconduct — Exercise of IHP Must Be Proportionate & Not Contrary to Rule or Stat.—Can’t Create Rule in Conflict with Fed. Rules

United States v. Wright, 2019 U.S. App. LEXIS 1541 (3d Cir. Jan. 17, 2019): The District Court barred a retrial of and dismissed the indictment against Defendant Raymont Wright ...
United States v. Wright, 2019 U.S. App. LEXIS 1541 (3d Cir. Jan. 17, 2019): The District Court barred a retrial of and dismissed the indictment against Defendant Raymont Wright with prejudice after two juries failed to reach a verdict. …
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Getting Dismissal with Prej. by Settling ≠ “Prevailing Party” — Citing Cases w/o Settlement = “Willful Obtuseness” & Objective Bad Faith under 1927 — Sua Sponte Despite 11(c)(5)(B) Limits on Post-Jmt. $ Sua Sponte (Dicta; Waived)

Bell v. Vacuforce, LLC, 2018 U.S. App. LEXIS 32196 (7th Cir. Nov. 14, 2018): Richard Bell brought a copyright infringement lawsuit against Vacuforce, LLC, accusing it of publishing his ...
Bell v. Vacuforce, LLC, 2018 U.S. App. LEXIS 32196 (7th Cir. Nov. 14, 2018): Richard Bell brought a copyright infringement lawsuit against Vacuforce, LLC, accusing it of publishing his photograph of the Indianapolis skyline on its website without a …
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Witness’s Denial (& Usually Admission & Maybe Inability to Recall) S/he Sent Texts Opens Door under R. 613(b) to Evidence of Texts Showing Bias under R. 608(b) — Questions Eliciting Admissible Answers ≠ Hearsay

United States v. Fernandez, 2019 U.S. App. LEXIS 3463 (7th Cir. Feb. 4, 2019): A jury convicted Luis Fernandez of being a felon in possession of a firearm, see 18 U.S.C. § ...
United States v. Fernandez, 2019 U.S. App. LEXIS 3463 (7th Cir. Feb. 4, 2019): A jury convicted Luis Fernandez of being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1). Fernandez appeals his conviction, contending that…
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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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