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: “The RICO Statute Is A Very Powerful, But Tricky, Tool” (Good Quote) — The Seven Elements of a RICO Claim, Before Even Reaching Injury and Causation — “Courts Must Flush Out Frivolous RICO Completes At An Early Stage Of The Litigation” (Good Quote) — 9(b) Obligations for Fraud-Based RICO Claims — The 3 Features of the Structure Requirement for the Enterprise Element — Factors Analyzed in Determining Whether Association-in-Fact Enterprise Pled — Hub-and-Spoke Structure ≠ Enterprise —Merely Taking Directions Insufficient for §1962(c) Liability —Operation and Management Test = Low Hurdle —Commission of Predicate Acts by Enterprise Insufficient — RICO Persons Must Commit the Acts —2-Year Minimum for Closed-End Continuity in Second Circuit — Horizontal and Vertical Relatedness: Requirements

Keyu Long v. Shunhuang Zhuang, 2024 U.S. Dist. LEXIS 141434 (E.D.N.Y. Aug. 8, 2024) REPORT AND RECOMMENDATION TARYN A. MERKL, United States Magistrate Judge: Keyu Long, named personally and der ...
Keyu Long v. Shunhuang Zhuang, 2024 U.S. Dist. LEXIS 141434 (E.D.N.Y. Aug. 8, 2024) REPORT AND RECOMMENDATION TARYN A. MERKL, United States Magistrate Judge: Keyu Long, named personally and derivatively on behalf of J Navi De Fund One LLC,…
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Rule 11 — Appealability: Time to Appeal Runs from Entry of Order Quantifying Sanctions, Not from Subsequent Entry of Judgment Restating Same Fee Awards — No Separate Document Setting Forth Judgment Required under Rule 58 Because Rule 11 Award Falls within 58(a)(3) Exception — Fact Judgment Entered Irrelevant to Question of Timeliness of Appeal — Failure to Request a Hearing on Sanctions = Waiver of Any Right to One; FRAP 38 Sanctions Warranted When Result Is Obvious Or Appellant’s Argument Is Wholly without Merit

Upchurch v. O'Brien, 2024 U.S. App. LEXIS 19560 (7th Cir. Aug. 6, 2024): *1 For years Timothy Upchurch waged a relentless and disturbing campaign of harassment against his neighbors, Timothy and Margaret O’Brien, in a dis ...
Upchurch v. O’Brien, 2024 U.S. App. LEXIS 19560 (7th Cir. Aug. 6, 2024): *1 For years Timothy Upchurch waged a relentless and disturbing campaign of harassment against his neighbors, Timothy and Margaret O’Brien, in a dispute over a claimed easement …
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Inherent Power Sanctions: Barring Lead Counsel from Delivering Closing Argument at Trial Within Trial Court’s Discretion as Sanction for Serial Misconduct, Including Deposition Misconduct, Obstructionist Discovery Tactics; Scheduling Order Violations, Disregard of In Limine Orders and Ignoring a Sustained Objection

Rightchoice Managed Care, Inc. v. Hosp. Partners, Inc., 2024 U.S. App. LEXIS 18599 (8th Cir. July 29, 2024): *1 Beau Gertz, Mark Blake, SeroDynamics, and LabMed Services (collectively, the Sero Defendants) perpetrated a pass-throug ...
Rightchoice Managed Care, Inc. v. Hosp. Partners, Inc., 2024 U.S. App. LEXIS 18599 (8th Cir. July 29, 2024): *1 Beau Gertz, Mark Blake, SeroDynamics, and LabMed Services (collectively, the Sero Defendants) perpetrated a pass-through billing scheme for lab tests billed…
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Sanctions: (1) Rule 11(c)(2) “Nonfrivolous Argument for Extending, Modifying, or Reversing Existing Law or For Establishing New Law”: Argument Barred by Supreme Court or Circuit Precedent “Not Per Se Sanctionable—An Attempt to Distinguish One’s Case … Is Enough” —(2) Mere Loss on Summary Judgment Doesn’t Necessarily Mean Sanctions Are Apt: Absence of Genuine Issue of Material Fact Does Not Negate Existence of Plausible Factual and Legal Contentions

Mazurek v. Metalcraft of Mayville, Inc., 2024 WL 3632732 (7th Cir. Aug. 2, 2024): Opinion
Mazurek v. Metalcraft of Mayville, Inc., 2024 WL 3632732 (7th Cir. Aug. 2, 2024): Opinion Jackson-Akiwumi, Circuit Judge. *1 A group of employees sued their employer, Metalcraft of Mayville, for failing to pay them for time spent working just…
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RICO Pleading: Racketeering Activity Consists Exclusively of Crimes Listed in § 1961(1); Conclusory References to Crimes in Complaint Inadequate; Generic References To “Fraud” without Specifying Type of Frauds Listed In § 1961 That Each Defendant Allegedly Committed Is Inadequate; Fiduciary Duty Breach, Breach of Contract, Negligence, Defamation Are Not Predicate Acts

Lopez v. COMPA Indus., Inc., 2024 U.S. App. LEXIS 18176 (10th Cir. July 24, 2024) (unpublished): ...
Lopez v. COMPA Indus., Inc., 2024 U.S. App. LEXIS 18176 (10th Cir. July 24, 2024) (unpublished): *1 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…
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RICO: (1) Victim vs. Perpetrator Enterprises — (2) § 1962(b): Elements of a Violation — (3) Meaning of “Interest” and “Control” in § 1962(b) — (4) The Defendant in a § 1962(b) Action Need Not Be an Enterprise; The Victim Must Be An Enterprise — (5) Acquisition/Maintenance Injury Required (6) Aiding and Abetting Liability under RICO

Laurel Gardens LLC v. McKenna, 2024 U.S. App. LEXIS 1594, 2024 WL 3220401 (3d Cir. June 28, 2024) (unpublished):   OPINION**
Laurel Gardens LLC v. McKenna, 2024 U.S. App. LEXIS 1594, 2024 WL 3220401 (3d Cir. June 28, 2024) (unpublished):   OPINION** JORDAN, Circuit Judge *1 In this civil RICO case, plaintiffs Laurel Gardens, LLC, American Winter Services, LLC,…
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Rule 11 Sanctions: Request for Bill of Particulars re Sanctions Proceeding Reviewed for Abuse of Discretion — Court’s Discretion Narrows As Severity of Sanction Increases OR When It Initiates the Sanction Proceeding Itself — Particularly Strict Abuse of Discretion Standard Applied — “Rule 11 Does Not License a District Court to Sanction Any Action by an Attorney or Party That It Disapproves of” (Good Quote) — Failure to Identify Specific Pleading and Detail Specific, Objectionable Conduct within that Pleading Violates Due Process — Failure to Provide Notice That Most Severe Sanction May Be Imposed Violates Due Process — Failure to Provide Notice That “Scarlett Letter Sanction” (Mandatory Circulation of Sanctions Order) Or Other Sanction That Could Leave Indelible Imprint on Career Might Be Imposed Violates Due Process — Notice That Law Firm Might Be Sanctioned Insufficient to Afford Notice to Firm Lawyer and Managing Partner That He Might Be Sanctioned — Refusal to Impose Additional Sanction Until Impact of Other Imposed Penalties (Not Sanctions) Ascertained to See Whether Sanction Needed

In re Sanford Law Firm, 2024 U.S. App. LEXIS 15747, 2024 WL 3217609 (8th Cir. June 28, 2024): Judges: Before SMITH, Chief Judge,1 COLLOTON2
In re Sanford Law Firm, 2024 U.S. App. LEXIS 15747, 2024 WL 3217609 (8th Cir. June 28, 2024): Judges: Before SMITH, Chief Judge,1 COLLOTON2 and BENTON, Circuit Judges. Sanford Law Firm (SLF) and Josh Sanford (Sanford) appeal …
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Rule 37(c)(1) Sanctions: (1) Exclusion of Expert Testimony Reviewed for Abuse of Discretion Even When It Results in Summary Judgment — (2) Whether Physicians Must File 26(a)(2)(B) Report Depends on Whether They Formed Their Opinions for Litigation Or in the Course of Medical Treatment — (3) Party Seeking to Avoid Exclusion of Its Expert for Noncompliance with Rule 26 Bears Burden of Showing Harmlessness or Substantial Justification — (4) Expert Report Subject to Exclusion If It Is Conclusory and Does Not Meet the Level of Rigor Required by Rule 26(a)(2)(B)

Adkins v. Marathon Petro. Co., LP, 2024 U.S. App. LEXIS 15240 6th Cir. June 24, 2024):  [**1]  Brent Adkins worked as a crew member on one of Marathon Petroleum Company's inland river barges. He brought claims against Marathon ...
Adkins v. Marathon Petro. Co., LP, 2024 U.S. App. LEXIS 15240 6th Cir. June 24, 2024):  [**1]  Brent Adkins worked as a crew member on one of Marathon Petroleum Company’s inland river barges. He brought claims against Marathon under the…
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RICO: The Statute Defines Enterprise Broadly, “But That Breadth Is Not Without Limit” (Good Quote) — Enterprise Inadequately Pled Where Plaintiffs Fail to Name the Common Purpose, Explain How the Relationships Among the Defendants Allowed Them to Advance That Purpose, Or Specify the Period of Time Sufficient to Achieve That Purpose — In a Particular Case, the Pattern of Racketeering May Be Sufficient to Infer the Existence of an Association-in-Fact Enterprise, But Pattern Does Not Necessarily Establish Enterprise — A RICO Conspiracy May Exist Regardless of Whether the Substantive RICO Violation Is Consummated, But the Substantive Violation Must Be Adequately Pled

Kingfly Spirits v. Ragghianti, 2024 WL 3177773 (3d Cir. June 26, 2024) (unpublished): OPINION* *1 This case arises out of a business dispute between plaintiff Mark Willson and his former partner, defendant Blake Ragghianti. Willson filed this lawsuit along with plaintiffs Kingfly Spirits, LLC (“Kin ...
Kingfly Spirits v. Ragghianti, 2024 WL 3177773 (3d Cir. June 26, 2024) (unpublished): OPINION* *1 This case arises out of a business dispute between plaintiff Mark Willson and his former partner, defendant Blake Ragghianti. Willson filed this lawsuit along…
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RICO: (1) Claim Accrued When Plaintiff Suffered, and Was Aware of, Her Injury — Overt Retaliation in Her Employment As A Result of Reporting Another Employee’s Sexual Misconduct — Not When a Report Confirming that Misconduct Later Became Public; (2) Inhouse Lawyer’s Conclusion No Sexual Misconduct Occurred Is a Mere Expression of a Legal Conclusion, Not Deception Warranting SOL Reprieve Due to Equitable Tolling or Fraudulent Concealment — Plaintiff Exhibited Lack of Diligence in Failing to Consult Own Counsel or Challenge Inhouse Counsel’s Conclusion; (3) Causation: Plaintiff Must Prove Her Injuries Were Directly Caused by the Predicate Acts — (4) Concealment of Report Commissioned by Employer Directly Harmed Employer (by Exposing It to Liability) and Victims of Sexual Misconduct, and Only Indirectly Harmed Plaintiff Who Suffered Retaliation in Her Employment for Reporting the Misconduct

Lewis v. Danos, 83 F.4th 948 (5th Cir. 2023): In 2012 and 2013, Plaintiff-Appellant Sharon Lewis—then an Assistant Athletic Director at Louisiana State University (“LSU”)—internally reported Head Football Coach Les Miles for sexually harassing students. LSU retained outside counsel—Taylor, Porter, Brooks & Phillips LLP (“Taylor Porter”)—to investigate the mat ...
Lewis v. Danos, 83 F.4th 948 (5th Cir. 2023): In 2012 and 2013, Plaintiff-Appellant Sharon Lewis—then an Assistant Athletic Director at Louisiana State University (“LSU”)—internally reported Head Football Coach Les Miles for sexually harassing students. LSU retained outside counsel—Taylor, Porter,…
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Recent Posts

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

FRAP 38 Sanctions for Frivolous Opposition to Arbitration

Extrinsic Fraud Exception to Rooker-Feldman — Where Defendants’ Perjury, False Evidence, Flawed Legal Arguments Prevented Plaintiffs from Presenting Their Claim in State Court

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

“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

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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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