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

Supreme Court: If Arbitrability Assigned to Arbitrator, No “Wholly Groundless” Exception Exists — “It Is Not Unheard-of” for Fair Adjudicators to Vigorously Disagree (Good Quote)

Henry Schein, Inc. v. Archer & White Sales, Inc., 2019 U.S. LEXIS 566I (U.S. Jan. 9, 2019):
Henry Schein, Inc. v. Archer & White Sales, Inc., 2019 U.S. LEXIS 566I (U.S. Jan. 9, 2019): HN1[] Under the Federal Arbitration Act, parties to a contract may agree that an arbitrator rather than a court…
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“Rule 11 Doesn’t Authorize Sanctions for Merely Frustrating Conduct” (Good Quote) — Where Plaintiff’s Dep. Contradicted Complaint, Failure to Withdraw Claims Warrants Fees for Post-Dep. SJ & Sanctions Motion Following R. 11 Letter

Cameau v Nat’l Recovery Agency, Inc., 2018 WL 4522104 (E.D.N.Y. Aug. 6, 2018) (R&R): I. PRELIMINARY STATEMENT *1 Plaintiff Jeff Cameau (“Plaintiff”) commenced this action in May of 2015 against Defendant National Recovery Agency, Inc. (“Defendant”), asserting violations of the ...
Cameau v Nat’l Recovery Agency, Inc., 2018 WL 4522104 (E.D.N.Y. Aug. 6, 2018) (R&R): I. PRELIMINARY STATEMENT *1 Plaintiff Jeff Cameau (“Plaintiff”) commenced this action in May of 2015 against Defendant National Recovery Agency, Inc. (“Defendant”), asserting violations of the…
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Facebook Messenger Texts from “Bob” Authenticated by Recipient, Who Knew Only One Bob; by Facebook Page Owner, Who Didn’t Send Them & Gave Access to Bob; & by Contents — Screenshots Given by Page Owner to Police, Thus Authentic

State v. Dickerson, 2018 Kan. App. Unpub. LEXIS 860, 2018 WL 5851444 (Kan. Ct. App. Nov. 9, 2018) (unpublished): Per Curiam: Robert Dickerson appeals hi ...
State v. Dickerson, 2018 Kan. App. Unpub. LEXIS 860, 2018 WL 5851444 (Kan. Ct. App. Nov. 9, 2018) (unpublished): Per Curiam: Robert Dickerson appeals his conviction for aggravated indecent liberties with a child. He raises several claims of error.…
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Appeals: When Court Will Review Issue Not Raised Below (4 Factors (6th Cir.)) — Sanctions: Failure to Serve Rule 11 Motion Requires Reversal, Even Though Issue Not Raised Below (Legal Issue, Error Clear, No Factual Development Needed, Ints. of Justice

Jodway v. Orlans, PC, 2018 U.S. App. LEXIS 35898 (6th Cir. Dec. 20, 2018): Plaintiffs husband and wife Timothy Jodway ("T. Jodway") and Alaina Zanke-Jodway ("A. Jodway") (t ...
Jodway v. Orlans, PC, 2018 U.S. App. LEXIS 35898 (6th Cir. Dec. 20, 2018): Plaintiffs husband and wife Timothy Jodway ("T. Jodway") and Alaina Zanke-Jodway ("A. Jodway") (together, "Plaintiffs") appeal from the order of the district court dismissing Plaintiffs'…
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Rooker-Felman Bars RICO Claim If Injury Caused by State Court Judgment & Bona Fides of Jmt At Issue — Incidental Attorney’s Fees Also Barred —Injury from Excessive Defense Pleadings Maybe OK—Sanctions: M.J. Order Unappealed to DCt Unreviewble

Tso v. Murray, 2019 WL 140992 (10th Cir. Jan. 9, 2019): *1 This case arises from plaintiff Gilbert T. Tso’s dissatisfaction with the child-support obligation established in his Illinois divorce from his ex-wife, Rebecca Murray, and with the procedures used to establish and enforce that obligation. After Murray obtai ...
Tso v. Murray, 2019 WL 140992 (10th Cir. Jan. 9, 2019): *1 This case arises from plaintiff Gilbert T. Tso’s dissatisfaction with the child-support obligation established in his Illinois divorce from his ex-wife, Rebecca Murray, and with the procedures used…
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Rule 601 vs. 702: State Standards for Experts Imported in Diversity Case Where Sufficiently Intertwined with Governing State Substantive Law (Here, Med Mal) — Rule 702 Must Also Be Satisfied (4 Circuits So Far Agree)

Coleman v. United States, 2019 U.S. App. LEXIS 716 (5th Cir. Jan. 8, 2019): Leslie Latrice Coleman, proceeding pro se, raises numerous arguments challenging the district court's g ...
Coleman v. United States, 2019 U.S. App. LEXIS 716 (5th Cir. Jan. 8, 2019): Leslie Latrice Coleman, proceeding pro se, raises numerous arguments challenging the district court's grant of summary judgment on some of her claims and the dismissal…
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28 U.S.C. § 1782’s “For Use” Requirement Is Satisfied If Litigant Intends to Offer the Evidence in the Foreign Proceeding, Regardless of Whether It Is Received — Admissibility/Judicial Receptivity Is for Foreign Court to Decide

In re Bernal, 2018 U.S. Dist. LEXIS 212722 (S.D. Fla. Dec. 18, 2018): ORDER ON BILBO DEVELOPMENT LLC'S AND MORRISON USA, LLC'S MOTION TO QUASH SUBPOENAS OR, ALTERNATI ...
In re Bernal, 2018 U.S. Dist. LEXIS 212722 (S.D. Fla. Dec. 18, 2018): ORDER ON BILBO DEVELOPMENT LLC'S AND MORRISON USA, LLC'S MOTION TO QUASH SUBPOENAS OR, ALTERNATIVELY, MOTION FOR PROTECTIVE ORDER This matter is before the Court on…
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Removal: Is There a Futility Exception to 28 U.S.C. § 1447(c) — Which Requires Remand If the District Court Lacks or Loses Subject Matter Jurisdiction — Allowing a District Court to Dismiss a Removed Case If Remand Would Be Futile? (Circuit Split)

Ratliff v. LTI Trucking Servs., 2019 U.S. Dist. LEXIS 227 (E.D. Mo. Jan. 2, 2019): This matter is before the Court on Defendant LTI Trucking Services, Inc.'s Motion to Dismiss for L ...
Ratliff v. LTI Trucking Servs., 2019 U.S. Dist. LEXIS 227 (E.D. Mo. Jan. 2, 2019): This matter is before the Court on Defendant LTI Trucking Services, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF No. 4)…
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Plaintiff’s Rule 41(a)(2) Motion to Voluntarily Dismiss without Prejudice Must Be Denied If Grant Would Strip Defendant of Viable Defense That Might Not Be Assertable If Plaintiff Were to Refile — Limits of Expressio Unius & Series-Qualifier Canons

United States ex rel. Vaughn v. United Biologics, LLC, 907 F.3d 187 (5th Cir. 2018): **1 The opinion issued September 7, 2018 is withdrawn by the panel, and the following is issued in its place: The plaintiffs-relators initiated a qui tam action under the False Claims Act (“FCA”), Anti-Kick ...
United States ex rel. Vaughn v. United Biologics, LLC, 907 F.3d 187 (5th Cir. 2018): **1 The opinion issued September 7, 2018 is withdrawn by the panel, and the following is issued in its place: The plaintiffs-relators initiated a qui …
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Hearsay — Declaration against Interest — Court Must Consider All Facts & Circumstances to See If Statement Is in Fact So Contrary to Declarant’s Interest That S/he Must’ve Believed It to Be True — Email Evid.: Redact Hearsay to Admit Remainder

In re Estate of Smith, 2018 Ida. LEXIS 216 (Idaho Dec. 18, 2018): This case centers on the estate of Victoria H. Smith. The magistrate court ruled that Victoria died intestate a ...
In re Estate of Smith, 2018 Ida. LEXIS 216 (Idaho Dec. 18, 2018): This case centers on the estate of Victoria H. Smith. The magistrate court ruled that Victoria died intestate after finding that her will was a product …
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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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