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

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

Government App Solutions, Inc. v. City of New Haven, 2024 WL 1299993 (9th Cir. Mar. 27, 2024) (unpublished): MEMORANDUM* Government App Solutions appeals from the district court’s judgment dismissing its lawsuit bringing claims under the Racketeer Influenced and Corrupt Organizations (“RICO”) Act and various st ...
Government App Solutions, Inc. v. City of New Haven, 2024 WL 1299993 (9th Cir. Mar. 27, 2024) (unpublished): MEMORANDUM* Government App Solutions appeals from the district court’s judgment dismissing its lawsuit bringing claims under the Racketeer Influenced and Corrupt…
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FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Rezios v. Epic Sys. Corp., 2025 U.S. App. LEXIS 1593 (7th Cir. Jan. 24, 2025):  Epic Systems fired Caroline Retzios after she refused to be vaccinated against COVID-19. She filed this suit under Title VII o ...
Rezios v. Epic Sys. Corp., 2025 U.S. App. LEXIS 1593 (7th Cir. Jan. 24, 2025):  Epic Systems fired Caroline Retzios after she refused to be vaccinated against COVID-19. She filed this suit under Title VII of the Civil Rights…
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Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

Boudette v. Oskerson, 2024 WL 1342613 (9th Cir. Mar. 29, 2024) (unpublished): MEMORANDUM* Plaintiff Daniel Boudette appeals from the district court’s order dismissing this case for lack of jurisdiction under
Boudette v. Oskerson, 2024 WL 1342613 (9th Cir. Mar. 29, 2024) (unpublished): MEMORANDUM* Plaintiff Daniel Boudette appeals from the district court’s order dismissing this case for lack of jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and, alternatively, for…
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Federal Jurisdiction: Party Can Waive Subject Matter Jurisdiction — While Federal Courts Must Ensure They Do Not Lack Subject Matter Jurisdiction, There Is No Duty to Find and Exercise It

Behrens v. JPMorgan Chase Bank, N.A., 96 F.4th 202 (2d Cir. 2024): Five former customers (“Plaintiffs”) of Peregrine Financial Group, Inc. (“Peregrine”), the defunct futures commission merchant, appeal the dismissal of their putative class action by the United States District Court for the Southern District of New York (Broderick, J.).
Behrens v. JPMorgan Chase Bank, N.A., 96 F.4th 202 (2d Cir. 2024): Five former customers (“Plaintiffs”) of Peregrine Financial Group, Inc. (“Peregrine”), the defunct futures commission merchant, appeal the dismissal of their putative class action by the United States District…
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“RICO Is a Judge’s Nightmare” — “The Requisite RICO Pleading Standards Are Far From Explicit, And The RICO Jurisprudence Offers Courts (And Plaintiffs) Little Guidance” (Good Quotes) — Common Elements of § 1962(a), (c) and (d)-Based Claims — Closed-End Continuity: Duration > 1 Year = Substantial Period of Time — Continuity: Courts Skeptical If Number of Victims and Schemes Is Limited — Untargeted Persons Who Suffer Derivative Injury Do Not Add to the Number of Victims Considered for Continuity Purposes — Open Ended Continuity Can Be Established by Showing Defendant Commits Predicate Acts As “Regular Way of Doing Business” — Citing the Existence of Other Lawsuits Alleging Similar Predicates ≠ Pleading Facts Demonstrating Defendant’s Commission of Similar Predicates Against Others

D&T Partners, L.L.C. v. Baymark Partners Mgmt., LLC, 94 F.4th 198 (5th Cir. 2024): A group of individuals allegedly sought to steal the assets and trade secrets of an e-commerce company. They did so with shell entities, corrupt lending practices, and a fraudulent bankruptcy. The question in this case is whether the scheme, as alleged, violates the Racketeer Influenced and Co ...
D&T Partners, L.L.C. v. Baymark Partners Mgmt., LLC, 94 F.4th 198 (5th Cir. 2024): A group of individuals allegedly sought to steal the assets and trade secrets of an e-commerce company. They did so with shell entities, corrupt lending practices,…
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Practice of Seeking Leave to Amend after The Case Is Dismissed Is Discouraged

Humana Inc. v. Biogen, Inc., 2025 WL 227530 (1st Cir. Jan. 17, 2025): *1 Humana, a major health insurance company and Medicare Part C and Part D sponsor, filed suit in the District of Massachusetts on September 24, 2021 against the drug manufacturer Biogen and a specialty pharmacy, Advanced Care Scripts, Inc. (“ACS”), alleging that each defendant engaged in ...
Humana Inc. v. Biogen, Inc., 2025 WL 227530 (1st Cir. Jan. 17, 2025): *1 Humana, a major health insurance company and Medicare Part C and Part D sponsor, filed suit in the District of Massachusetts on September 24, 2021 against…
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RICO: Release Executed After Alleged RICO Violations Extinguishes RICO Claim — Eighth Circuit Declines to Address Enforceability of A Release “That Is An Integral Part of An Alleged RICO Scheme Or That Immunizes Future RICO Conduct

SBFO Operator No. 3 v. Onex Corp., 101 F.4th 551 (8th Cir. 2024): This appeal involves a catastrophic series of investments in the Missouri-based discount grocery chain Save-A-Lot and its independent licensee program. The Owner-Operators1 of ten licensed grocery stores and their related company, Anchor Mobile Food Markets, ...
SBFO Operator No. 3 v. Onex Corp., 101 F.4th 551 (8th Cir. 2024): This appeal involves a catastrophic series of investments in the Missouri-based discount grocery chain Save-A-Lot and its independent licensee program. The Owner-Operators1 of ten licensed grocery…
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Pleading — “Civil pleadings are supposed to mark the boundaries for discovery; discovery is not supposed to substitute for definite pleading” (Good Quote) — Shotgun Pleadings (11th Circuit):  Four Categories/Types

Dvoinik v. Rolff, 2024 WL 2974475 (11th Cir. June 13, 2024): PER CURIAM: *1 Plaintiffs-Appellants Elena Dvoinik and Boris Zavadovsky, pro se, appeal the dismissal of their complaint against Defendants-Appellees Elke Rolff and Dale Webner—without prejudice and without leave to amend—as an impermissible shotgun pleading. Plaintiffs argue that t ...
Dvoinik v. Rolff, 2024 WL 2974475 (11th Cir. June 13, 2024): PER CURIAM: *1 Plaintiffs-Appellants Elena Dvoinik and Boris Zavadovsky, pro se, appeal the dismissal of their complaint against Defendants-Appellees Elke Rolff and Dale Webner—without prejudice and without leave to…
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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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Recent Posts

Inherent Power — Circumstantial Evidence — Fact That Bad Faith May Be Shown by Establishing That Conduct Was So Egregious It Was Necessarily Committed in Bad Faith Does Not Mean That Bad Faith Must Be The Sole Explanation for The Bad Conduct

RICO Causation: Testing Labs’ Misstatements As to Alcohol Tests’ Efficacy Not Communicated to Plaintiffs’ Employers Did Not Cause Plaintiffs’ Professional Harm

Supreme Court: Standing — When The Government Prohibits Or Impedes Company A from Using Company B’s Product, Both Are Objects of the Government’s Action And Have Standing to Contest It — “To Demonstrate Standing, Plaintiffs Must Answer A Basic Question—‘What’s It To You?’” (Good Quote) — Expert Evidence Not Required to Establish Standing — “Judges Are Not Required To Exhibit A Naiveté From Which Ordinary Citizens Are Free’” (Good Quote)

Rule 37(d) Sanctions — For Failure to Serve Answers, Objections, Or Written Response to Discovery Requests — Are Not Limited to Intentional Misconduct; Even Innocent Mistakes May Be Covered

Sanctions: (1) Rule 11 Does Not Apply to Litigation Papers Initially Filed in State Court — Only Reaffirmance in Federal Court Post-Removal Is Subject to Sanction — (2) “The Fact That A Legal Theory Is A Long-Shot Does Not Necessarily Mean It Is Sanctionable” (Good Quote)

Supreme Court: Relief under Rule 60(b)(6) Requires Extraordinary Circumstances Even If It Is Invoked to Allow Amendment of The Complaint–Rule 15’s Liberal Approach to Amendment Does Not Change That (Reversing Second Circuit)

FRAP 38 Sanctions — Eleventh Circuit Generally Does Not Impose FRAP 38 Sanctions on Pro Se Litigants, But May Do So If They Have Persisted Despite Judicial Warnings of Frivolousness

Inherent Power Sanctions: No Dismissal with Prejudice If Lesser Sanctions Will Suffice — The Liberal Pleading Standard of Swierkiewicz “Is Still Good Law”

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

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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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