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 37(c)(1) Exclusion of Untimely Expert Report: Failure to Argue Harmlessness Essentially Waives Issue

Randolph v. Best, 2024 U.S. App. LEXIS 32416 (9th Cir. Dec. 19 2024) (unpublished):  Rule 37(c)(1) Exclusion of Untimely Expert Report:  Failure to Argue Harmlessness Essentially Waives Issue   Randolph v. Best, 2024 U.S. App. LEXIS 32416 (9th Cir. Dec. 19 2024) (unpublished): MEMORANDUM* < ...
Randolph v. Best, 2024 U.S. App. LEXIS 32416 (9th Cir. Dec. 19 2024) (unpublished):  Rule 37(c)(1) Exclusion of Untimely Expert Report:  Failure to Argue Harmlessness Essentially Waives Issue   Randolph v. Best, 2024 U.S. App. LEXIS 32416 (9th Cir. Dec.…
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Rule 37(b) Sanctions — Exclusion of Supplemental Expert Report for Advancing New Opinions — Third Circuit Exclusion Factors — “Importance of Excluded Evidence:” If, As Proponent Argues, There Is Nothing New, Then Exclusion Doesn’t Harm Proponent; If There Is, It Harms Opponent

Bearbox LLC v. Lancium LLC, 2025 U.S. App. LEXIS 624 (Fed. Cir. Jan. 13, 2025): Lancium allegedly stole Austin Storms' thunder and patented it. This case centers around a conversation over cocktails and dinner at a Bitcoin mining conference, a foll ...
Bearbox LLC v. Lancium LLC, 2025 U.S. App. LEXIS 624 (Fed. Cir. Jan. 13, 2025): Lancium allegedly stole Austin Storms’ thunder and patented it. This case centers around a conversation over cocktails and dinner at a Bitcoin mining conference,…
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RICO Pleading: Generic Allegations of Fraud (Failing Even to Set Forth Any False Representation) And Extortion (Failing to Describe Actual Threats) Too Conclusory to State a Claim

  ORDER AND JUDGMENT* Samuel Lopez, proceeding pro se,1 appeals the district court's order dismissing his various claims against Compa Industries, Inc., several of Compa's officers and directors, and Stratify, LLC. Because we agree with the district court that Lope ...
  ORDER AND JUDGMENT* Samuel Lopez, proceeding pro se,1 appeals the district court’s order dismissing his various claims against Compa Industries, Inc., several of Compa’s officers and directors, and Stratify, LLC. Because we agree with the district court…
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RICO Standing: Antitrust’s Indirect Purchaser Rule Applies in RICO Cases, Barring Claims by Indirect Purchasers Two Or More Steps Removed From The Violator In A Distribution Chain (Here, Truck Purchasers/Lessees Suing Manufacturer), Though Court Considers Bar “Unsupported by Sensible Principles”

Fenner v. GM, LLC, 113 F.4th 585 (6th Cir. 2024):
Fenner v. GM, LLC, 113 F.4th 585 (6th Cir. 2024): MOORE, J., delivered the opinion of the court in which BLOOMEKATZ, J., joined in full. KETHLEDGE, J. , delivered a separate opinion concurring in the judgment in…
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RICO Pleading: Statutory Directive That RICO Be Liberally Construed Does Not Extend to More Liberal Pleading Requirements

Sladek v. Bank of Am., NA. A N.C. Corp., 2024 U.S. App. LEXIS 23673, 2024 WL 4224029 (10th Cir. Sept. ...
Sladek v. Bank of Am., NA. A N.C. Corp., 2024 U.S. App. LEXIS 23673, 2024 WL 4224029 (10th Cir. Sept. 18, 2024) (unpublished): ORDER AND JUDGMENT* *1 Pro se Plaintiff Dennis Sladek appeals from the dismissal of his…
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Inherent Power and FRAP 38 Sanctions — Inherent Power Sanctions (Here, A Deterrence Payment of $25,000 to the Court — Goodyear Issue Not Addressed) May Be Imposed in Addition to Statutory Attorney’s Fees under 35 U.S.C. § 285 (Exceptional Patent Case) — § 285 Does Not Preclude A Separate Award of Sanctions Or Fees under Another Authority — Recidivism (25 Prior Lawsuits with Same Perceived Venue Deficiency) A Factor — Fact That Rule 11 Sanctions Were Unavailable Due to Dismissal of Lawsuit Opened the Door to Inherent Power Sanctions Under Chambers — FRAP 38 Sanctions Denied Because Issue Previously Unaddressed in Circuit — A Meritless Appeal Is By No Means Necessarily A Frivolous One (Good Quote)

PS Prods. Inc. v. Panther Trading Co. Inc., 122 F.4th 893 (Fed. Cir. Dec. 6, 2024): PS Product ...
PS Prods. Inc. v. Panther Trading Co. Inc., 122 F.4th 893 (Fed. Cir. Dec. 6, 2024): PS Products, Inc. and Mr. Billy Pennington (collectively, PSP) appeal an order of the United States District Court for the Eastern District of…
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FRAP 38 Sanctions Imposed Due to the “Striking Legal Emptiness” of Brief/Appeal, “A Legal Nothingburger” — Bad Faith Not Required: An Appeal “May Also Be Frivolous If It Is Filed Out Of Sheer Obstinacy” (Good Quotes)

Clarke v. Pollan, 2024 U.S. App. LEXIS 32955 (6th Cir. Dec. 30, 2024) ORDER PER CURIAM. In rejecting Diana Clarke's appeal in this case, we noted how Clarke's counsel, Bruce H. Wilson, repeatedly failed to recognize the relevant legal ...
Clarke v. Pollan, 2024 U.S. App. LEXIS 32955 (6th Cir. Dec. 30, 2024) ORDER PER CURIAM. In rejecting Diana Clarke’s appeal in this case, we noted how Clarke’s counsel, Bruce H. Wilson, repeatedly failed to recognize the relevant legal standards…
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RICO: Hobbs Act does not apply when the alleged extortion is meant to benefit the state

Rives v. Univ. of Tenn., 2024 WL 5103829 (6th Cir. Dec. 13, 2024): When Dyllan Rives’s dog Hickory fell ill, she took him to the University of Tennessee’s pet hospital. Over two months, Dyllan and her father James Rives spent more than $75,000 on Hickory’s treatment. Despite their efforts, Hickory did not survive his illness. Frustrated by the outcome and high cost of Hick ...
Rives v. Univ. of Tenn., 2024 WL 5103829 (6th Cir. Dec. 13, 2024): When Dyllan Rives’s dog Hickory fell ill, she took him to the University of Tennessee’s pet hospital. Over two months, Dyllan and her father James Rives spent…
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RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Humana, Inc. v. Indivior, Inc., 2022 WL 17718342 (3d Cir. Dec. 15, 2022) (unpublished): OPINION* *1 Humana, Inc., and Centene Corporation (Insurers) are health benefit program insurers that provide their members with insurance to cover prescription drug costs. They maintain approved ...
Humana, Inc. v. Indivior, Inc., 2022 WL 17718342 (3d Cir. Dec. 15, 2022) (unpublished): OPINION* *1 Humana, Inc., and Centene Corporation (Insurers) are health benefit program insurers that provide their members with insurance to cover prescription drug costs.…
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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

Eberhardt v. Walsh, 2024 U.S. App. LEXIS 30685 (7th Cir. Dec. 5, 2024): In this appeal, Attorn ...
Eberhardt v. Walsh, 2024 U.S. App. LEXIS 30685 (7th Cir. Dec. 5, 2024): In this appeal, Attorney Stephen Eberhardt challenges the district court’s decision to sanction him under Rule 11 of the Federal Rules of Civil Procedure and its denial…
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Recent Posts

Supreme Court: (1) Fraudulent Inducement Theory of Mail Fraud: Statute Violated If Victim Is Tricked into Parting with Money Or Property, Even If Victim Suffers No Pecuniary Loss — (2) “A Fraud Is Complete When The Defendant Has Induced The Deprivation Of Money Or Property Under Materially False Pretenses” — (3) The Old Soil Principle of Statutory Construction Applies Only to the Extent That a Common-Law Term Has Accumulated a Settled Meaning — (4) Rescission for Fraud Does Not Require Economic Loss; Sufficient If Property of A Different Character Or Condition Provided — i.e, If Victim Tricked into A Bargain Materially Different from The One Promised — (5) “At The Right Level Of Specificity, Anything Can Be Described As ‘Unique’ Or ‘Different From’ Something Else” (Good Quote) — (6) “Materiality Look[s] To The Effect On The Likely Or Actual Behavior Of The Recipient Of The Alleged Misrepresentation” (Good Quote)

Statements in Briefs As Judicial Admissions

Supreme Court: TRO As Appealable Order — And District Court Inaction As Tantamount to Refusing An Injunction And Thus Appealable

“Slow-Playing Discovery” in Response to Court Order, Prejudicing Opponent, Violates Rule 37(b)(2)(A)

RICO Pattern: No Closed-Ended Continuity If Racketeering Activity Lasted Less Than One Year (11th Circuit) — Conspiracy Allegations Governed by Rule 8(a), Not 9(b) — Two Paths to Establishing A RICO Conspiracy: Agreement to Objective Or to Commit 2 Predicate Acts — Plaintiff Need Not Show Reliance When The Predicate Acts Are Wire Fraud — In Dicta, 11th Circuit Intimates That Even If The Primary RICO Violation Allegations Fail, The RICO Conspiracy Allegations Might Survive, But Is Probably Talking About A Conspiracy to Commit The Predicate Acts

United States Trinity Energy Servs., L.L.C. v. Se. Directional Drilling, L.L.C., 2025 U.S. App. LEXIS 10178 (5th Cir. Apr. 28, 2025): FRAP 38 Separate Motion Requirement FRAP 38 Sanctions Properly Denied for Want of Separate Motion — Request in Brief Insufficient — “Manifest Disregard” Is Not A Freestanding Ground for Vacatur of Arbitration Award in Fifth Circuit (Or First, Eighth Or Eleventh)

§ 1927 Sanctions Apt for Failing to Withdraw Claim Until Summary Judgment Hearing, Requiring Opponent and Court to Prepare for An Abandoned Argument — Bad Faith Established by False and Misleading Statements to Court — Raising New Argument for First Time in Reply Brief Does Not Warrant § 1927 Sanctions

RICO: Mail and Wire Fraud: Act of Emailing Transcript of Court Proceedings Containing Allegedly False Statements Made in Court ≠ Wire Fraud — Mailing (Serving on Opposing Party) Declarations Allegedly Containing False Statements ≠ Mail Fraud

Supreme Court: (1) Rule 11 Sanctions Available Where Affirmative Defense “Obviously Applies” and Plaintiff/Plaintiff’s Counsel “Lack A Good Faith Basis to Believe Otherwise” — (2) If Affirmative Defense Pled, Court May Require Plaintiff to File a Reply to the Answer Pursuant to Fed. R. Civ. P. 7(a) Setting forth “Specific, Nonconclusory Factual Allegations” Showing That The Affirmative Defense Does Not Apply — (3) The Title of a Statute And The Heading of a Section May Properly Be Used to Interpret the Text

FRAP 38 Sanctions — Sixth Circuit Usually Declines to Impose FRAP 38 Sanctions Unless An Improper Purpose Was Behind the Appeal

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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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