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

Appellate Jurisdiction: Rule 37 Monetary Sanctions Unappealable under Cunningham & Too Linked to Merits (+ Reviewable Later) to Fall within Collateral Order Doctrine

Siser N. Am., Inc. v. World Paper, Inc., 2018 U.S. App. LEXIS 33313 (6th Cir. Nov. 27, 2018): Michael Laurence Feinstein, former attorney for Defendants, appeals the district co ...
Siser N. Am., Inc. v. World Paper, Inc., 2018 U.S. App. LEXIS 33313 (6th Cir. Nov. 27, 2018): Michael Laurence Feinstein, former attorney for Defendants, appeals the district court's interlocutory order, ordering him to pay $76,925.53 in sanctions.…
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Statute of Limitations — When a Prior Lawsuit Does, and Does Not, Trigger Inquiry Notice (2d Circuit) — Similarly Situated Plaintiffs in Near Proximity (Co-Tenants) Pressing Essentially the Same Grievance against One of the Same Defendants Is Enough

421-A Tenants Ass’n, Inc. v. 125 Court Street LLC, 2019 WL 317447 (2d Cir. Jan. 23, 2019) (unpublished): *1 Plaintiffs-Appellants 421-A Tenants Association, Inc., Vinetta Scrivo, and Richard Lebed (“the tenants”) appeal from the district court’s decision dismissing their class action complaint for failure to s ...
421-A Tenants Ass’n, Inc. v. 125 Court Street LLC, 2019 WL 317447 (2d Cir. Jan. 23, 2019) (unpublished): *1 Plaintiffs-Appellants 421-A Tenants Association, Inc., Vinetta Scrivo, and Richard Lebed (“the tenants”) appeal from the district court’s decision dismissing their class…
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R. 37 Dismissal Sanction: Fault=Unreasonable Conduct > “Mere Mistake or Slight Error in Judgment” — No Motion to Compel OK If Actual Notice of Risk Given by Adversary — Proportional Sanction ≠ Least — Eventual Compliance Not Nec’ly Enough

Mojapelo v. Nat’l RR Passenger Corp., 2019 WL 193126 (7th Cir. Jan. 15, 2019): ORDER *1 Charles Mojapelo injured his leg while disembarking from a train operated by the National Railroad Passenger Corporation (Amtrak). He sued Amtrak for compensatory and punitive damages on theories of neglig ...
Mojapelo v. Nat’l RR Passenger Corp., 2019 WL 193126 (7th Cir. Jan. 15, 2019): ORDER *1 Charles Mojapelo injured his leg while disembarking from a train operated by the National Railroad Passenger Corporation (Amtrak). He sued Amtrak for compensatory and…
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Are Life Settlements Securities (Investment Contracts) under the Investment Advisers and Securities Acts? — Fact Dependent / Circuit Split

Living Bens. Asset Mgmt., L.L.C. v. Kestrel Aircraft Co. (In re Living Bens. Asset Mgmt., L.L.C.), 2019 U.S. App. LEXIS 5283 (5th Cir. Feb. 22, 2019): Debtor—plaintiff Living Benefits ...
Living Bens. Asset Mgmt., L.L.C. v. Kestrel Aircraft Co. (In re Living Bens. Asset Mgmt., L.L.C.), 2019 U.S. App. LEXIS 5283 (5th Cir. Feb. 22, 2019): Debtor—plaintiff Living Benefits Asset Management, L.L.C., brought this adversary proceeding against Kestrel Aircraft…
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Speedy Trial: Is a Delay of More Than 8 Months between Indictment and Trial Presumptively Prejudicial? (Maybe) — Factors for Assessing Prejudice

United States v. Sterling, 2019 WL 994520 (2d Cir. Mar. 1, 2019) (Unpublished): A jury convicted Alonzo Vernon and Kevin Sterling of (1) participating in a narcotics distribution conspiracy; (2) using, carrying, possessing, brandishing, and discharging firearms during and in relation to the narcotics distribution conspiracy; and (3) p ...
United States v. Sterling, 2019 WL 994520 (2d Cir. Mar. 1, 2019) (Unpublished): A jury convicted Alonzo Vernon and Kevin Sterling of (1) participating in a narcotics distribution conspiracy; (2) using, carrying, possessing, brandishing, and discharging firearms during and in…
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Common Law Immunity Protects State & Local Officials from Federal Civil Claims for Acts Legislative in Form and Substance, Unless Abrogated by Statute — Defeats RICO Claim — Plaintiffs Didn’t Argue RICO Abrogates Immunity (Open Issue)

NRP Holdings LLC v. City of Buffalo, 2019 U.S. App. LEXIS 4866, 2019 WL 692529 (2d Cir. Feb. 20, 2019): We confront here primarily a question of legislative immunity raised by a ...
NRP Holdings LLC v. City of Buffalo, 2019 U.S. App. LEXIS 4866, 2019 WL 692529 (2d Cir. Feb. 20, 2019): We confront here primarily a question of legislative immunity raised by a [*3]  mayor's inaction in the face of…
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Mere Failure to Recite That a Declaration or Affidavit Is Based on Personal Knowledge Doesn’t Render Contents Hearsay If It Is Clear from the Circumstances (Contents, Other Evidence) That It Was

Venezia v. E. Revenue, Inc., 2019 U.S. Dist. LEXIS 21501 (E.D. ...
Venezia v. E. Revenue, Inc., 2019 U.S. Dist. LEXIS 21501 (E.D. Pa. Feb. 11, 2019): : Footnote 2: Plaintiff filed an Objection to Defendant's Submissions    [ECF No. 33 & 34] urging this Court to disregard Mr. Griffin's Declaration…
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Supreme Court: Class Actions — 23(f)’s 14-Day Period Not Subject to Equitable Tolling — Mandatory Claims-Processing Rules Unalterable If Diligently Asserted — Timely Reconsideration Motion Affects Start Date

Nutraceutical Corp. v. Lambert, 2019 U.S. LEXIS 1593 (U.S. Feb. 26, 2019): To take an immediate appeal from a federal district court’s order granting or denying class certifica ...
Nutraceutical Corp. v. Lambert, 2019 U.S. LEXIS 1593 (U.S. Feb. 26, 2019): To take an immediate appeal from a federal district court’s order granting or denying class certification, a party must first seek permission from the relevant court of …
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RICO/9(b): Incorporating All Prior Allegations But Failing to Specifically Allege Precise False Statements — Let Alone Time, Place, Person Responsible for Same — Fatal

James v. Hunt, 2018 U.S. App. LEXIS 35832 (11th Cir. Dec. 20, 2018) (unpublished): William James and Terri V. Tucker (the Plaintiffs) appeal pro se the district court's gra ...
James v. Hunt, 2018 U.S. App. LEXIS 35832 (11th Cir. Dec. 20, 2018) (unpublished): William James and Terri V. Tucker (the Plaintiffs) appeal pro se the district court's grant of two Defendants' motions [*2]  to dismiss claims under Federal …
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Inherent Power Sanctions: Inconsistencies in Witness Testimony, Alone, Are Insufficient to Find Bad Faith — Fact Witness Relied on Lawyer to Draft Discovery Responses for Witness’s Approval Not Sanctionable

Strang v. Ga., 2018 U.S. App. LEXIS 36707 (11th Cir. Dec. 31, 2018) (unpublished): PER CURIAM: Kathleen Strang, a former assistant city attorney in Albany, Georgia, brings a comp ...
Strang v. Ga., 2018 U.S. App. LEXIS 36707 (11th Cir. Dec. 31, 2018) (unpublished): PER CURIAM: Kathleen Strang, a former assistant city attorney in Albany, Georgia, brings a complaint under 42 U.S.C. § 1983 claiming that her First Amendment…
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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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