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

Unless D.Ct. Conclusively Precludes Proof of Required Element of Claim, Order Unappealable — Striking Preferred Damages Approach, Making Case Unprofitable Not Enough — Sanctions & Attorney’s Fees Rulings Almost Always Interlocutory

Princeton Digital Image Corp. v. Office Depot Inc., 2019 WL 272836 (Fed. Cir. Jan. 22, 2019): *1 The parties appeal and cross appeal from various rulings by the U.S. District Court for the District of Delaware in a patent and breach of contract dispute. Because there was no final decision on the merits, we dismiss the ...
Princeton Digital Image Corp. v. Office Depot Inc., 2019 WL 272836 (Fed. Cir. Jan. 22, 2019): *1 The parties appeal and cross appeal from various rulings by the U.S. District Court for the District of Delaware in a patent and…
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Class Actions: American Pipe Doesn’t Protect Named Plaintiffs or Their Entities — No Tolling Where It “Would Result in an Abuse of Am. Pipe ”— Circuit Reviews D.Ct. Application of Own Rules for Abuse of Discretion

Weitzner v. Sanofi Pasteur Inc., 2018 WL 6175580 (3d Cir. Nov. 27, 2018): *1 Plaintiffs Dr. Ari Weitzner and his professional corporation, Ari Weitzner M.D. P.C., challenge the District Court’s conclusion on summary judgment that their claims under the Telephone Consumer Protection Act (TCPA) were untimely. There is ...
Weitzner v. Sanofi Pasteur Inc., 2018 WL 6175580 (3d Cir. Nov. 27, 2018): *1 Plaintiffs Dr. Ari Weitzner and his professional corporation, Ari Weitzner M.D. P.C., challenge the District Court’s conclusion on summary judgment that their claims under the Telephone…
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Even Though Recipient Couldn’t Remember Context of Each Text, All Authenticated by Her Testimony She Often Texted with Sender, That Texts Were to/from His No., & by Contents — Hearsay: Sender’s Texts = Admissions; Recipient’s OK for Context

State v. Williams, 2018 Ohio App. LEXIS 4914 (Ohio Ct. App. Nov. 15, 2018):  [*P1]  [**P1]  Defendant-appellant, Reginald D. Williams, app ...
State v. Williams, 2018 Ohio App. LEXIS 4914 (Ohio Ct. App. Nov. 15, 2018):  [*P1]  [**P1]  Defendant-appellant, Reginald D. Williams, appeals from his convictions following a jury trial. He raises the following assignments of error for review: 1. The …
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§1927 Sanctions for Refiling Twice-Dismissed Claims, Ignoring Discovery Orders, Initiating Similar Proceedings in State and Bankruptcy Courts [Extrajudicial Misconduct] & Filing Meritless Motions & Appeals

Eruchalu v. United States Bank, 2019 WL 244850 (9th Cir. Jan. 17, 2019) (unpublished): MEMORANDUM* *1 In these consolidated appeals, Godson Eruchalu appeals ...
Eruchalu v. United States Bank, 2019 WL 244850 (9th Cir. Jan. 17, 2019) (unpublished): MEMORANDUM* *1 In these consolidated appeals, Godson Eruchalu appeals pro se from the district court’s order granting defendant First Option Mortgage’s amended motion for attorney’s…
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Court Has “Broad Fact-Finding Powers with Respect to Sanctions & Its Findings Warrant Great Deference” / Inh. Power “Sanctions Should Be Reserved for The Rare & Exceptional Case” (Good Quotes)

Johnson v. Johnson (In re Johnson), 2019 U.S. App. LEXIS 537 (9th Cir. Jan. 9, 2019): MEMORANDUM* Defendants-Appellants a ...
Johnson v. Johnson (In re Johnson), 2019 U.S. App. LEXIS 537 (9th Cir. Jan. 9, 2019): MEMORANDUM* Defendants-Appellants appeal the district court's affirmance of the bankruptcy court's denial of their motion for attorneys' fees. We affirm. 1.…
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The Line Between Lay/Expert Opinion Depends on Basis, Not Subject Matter, of Testimony (Good Quote) — Where Jury Not Instructed as to How to Assess Specific Testimony, Real Possibility of Jury Confusion Requires Reversal

United States v. Sarkissian, 2018 U.S. App. LEXIS 31710 (9th Cir. Nov. 8, 2018) (unpublished): MEMORANDUM* ...
United States v. Sarkissian, 2018 U.S. App. LEXIS 31710 (9th Cir. Nov. 8, 2018) (unpublished): MEMORANDUM* Karen ("Gary") Sarkissian appeals from the judgment of conviction sentencing him to 57 months of imprisonment after a jury found him guilty …
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Rule 26(g) Sanctions Are Mandatory and “Particularly Appropriate when an Attorney Submits a Forged Discovery Document” — “Erroneous Assessment of the Evidence” = Abuse of Discretion

SPV-LS, LLC v. TransAm. Life Ins. Co., 2019 WL 124211 (8th Cir. Jan. 8, 2019): *1 The Estate of Nancy Bergman (the Estate), through its personal representative, appeals a district court order denying its motion for reconsideration of an adverse grant of summary judgment. SPV-LS, LLC (SPV) cross-appeals the district co ...
SPV-LS, LLC v. TransAm. Life Ins. Co., 2019 WL 124211 (8th Cir. Jan. 8, 2019): *1 The Estate of Nancy Bergman (the Estate), through its personal representative, appeals a district court order denying its motion for reconsideration of an adverse…
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Supreme Court: Arbitration Agreement Must Fall Outside the Exclusions of FAA §1 before Court May Stay Litigation & Compel Arb. Under §§3 and 4 — Parties Cannot Delegate §1 Issue to Arbitrator

New Prime, Inc. v. Oliveira, 2019 U.S. LEXIS 724 (U.S. Jan. 15, 2019):
New Prime, Inc. v. Oliveira, 2019 U.S. LEXIS 724 (U.S. Jan. 15, 2019): The Federal Arbitration Act requires courts to enforce private arbitration agreements. But like most laws, this one bears its qualifications. Among other things, §1 says that …
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§ 1782 Application Not Moot, Even If Foreign Evidentiary Record Closed, If Appellate Court Might Receive New Evid. in Some Circs. — Is Magistrate Judge R&R Reviewed De Novo or for Clear Error / Contrary to Law? — Case Law Split

Application of Qualcomm Inc.,  2019 U.S. Dist. LEXIS 5716 (N.D. Cal. Jan. 11, 2019): On August 20, 2018, applicant Qualcomm Incorporated ("Qualcomm") filed an Ex Pa ...
Application of Qualcomm Inc.,  2019 U.S. Dist. LEXIS 5716 (N.D. Cal. Jan. 11, 2019): On August 20, 2018, applicant Qualcomm Incorporated ("Qualcomm") filed an Ex Parte Application for discovery pursuant to 28 U.S.C. § 1782. After Magistrate Judge…
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§ 1782 Application Is Moot If Foreign Evidentiary Record Is Closed, Even If Appeal Is Pending & Reversal Possible — Court’s 1782 Jurisdiction Is Limited to the Foreign Proceeding Listed in the Application

In re Fuhr, 2019 U.S. Dist. LEXIS 6468 (Jan. 11, 2019): [*1] REPORT AND RECOMMENDATION This matter is before this Court on Motion of Credit Suisse AG to ...
In re Fuhr, 2019 U.S. Dist. LEXIS 6468 (Jan. 11, 2019): [*1] REPORT AND RECOMMENDATION This matter is before this Court on Motion of Credit Suisse AG to Dismiss Petition as Moot filed on October 29, 2018. ECF No.…
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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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