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

Rule 37 Sanctions: It Is No Defense to Discovery Duties and Orders That Motion to Dismiss Is Pending — Violation of Order Caused by Negligence, Misunderstanding or Inability Won’t Justify Default or Dismissal (Good Quote)

Taser Int'l, Inc. v. Phazzer Elecs., Inc., 2018 U.S. App. LEXIS 30197 (Fed. Cir. Oct. 26, 2017): Phazzer Electronics, Inc. ("Phazzer") appeals from the district court' ...
Taser Int'l, Inc. v. Phazzer Elecs., Inc., 2018 U.S. App. LEXIS 30197 (Fed. Cir. Oct. 26, 2017): Phazzer Electronics, Inc. ("Phazzer") appeals from the district court's order granting Taser International, Inc.'s ("Taser") motion for sanctions. Taser Int'l, Inc. v. …
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Inherent Power Sanctions: Discovery Rules Inadequate Where Party Not Only Failed to Produce But Made Affirmative Misrepresentations to Conceal Document’s Existence — $257,000 Awarded Apply Goodyear’s But-For Causation Test

Goldstein v. Bavelis (In re Bavelis), 2018 U.S. App. LEXIS 32632 (6th Cir. Nov. 19, 2018): Quick Capital, a company owned by Ted Doukas, held a promissory note signed by George ...
Goldstein v. Bavelis (In re Bavelis), 2018 U.S. App. LEXIS 32632 (6th Cir. Nov. 19, 2018): Quick Capital, a company owned by Ted Doukas, held a promissory note signed by George Bavelis, a debtor in Chapter 11 bankruptcy. Quick …
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Rule 37 Sanctions: “Substantially Justified” Means “Not Justified to a High Degree” But “to a Degree That Could Satisfy a Reasonable Person” (Good Quote) — If Refusal to Admit RFA Is Substantially Justified, Court Lacks Power to Award Fees

In re Rael, 2018 U.S. App. LEXIS 34483 (10th Cir. Dec. 7, 2018): ORDER AND JUDGMENT* This appeal involve ...
In re Rael, 2018 U.S. App. LEXIS 34483 (10th Cir. Dec. 7, 2018): ORDER AND JUDGMENT* This appeal involves several orders entered in the bankruptcy proceedings stemming from the joint petition for bankruptcy relief filed by Robert and…
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May State Gov’t Assert Attorney-Client Privilege against Fed. Grand Jury Subpoena? — Circuit Split — 1st Cir. Says Yes; Maybe Not If State Official Subject of Criminal Inquiry — Appellate Jurisdiction: Advisory vs. Traditional Mandamus

In re Grand Jury Subpoena, 2018 U.S. App. LEXIS 32961 (1st Cir. Nov. 21, 2018): Rhode Island Department of Labor and Training ("Department") petitions us for a writ of advisor ...
In re Grand Jury Subpoena, 2018 U.S. App. LEXIS 32961 (1st Cir. Nov. 21, 2018): Rhode Island Department of Labor and Training ("Department") petitions us for a writ of advisory mandamus to answer the following question: May a state…
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Federal Jurisdiction—Class Actions: No Ancillary Jurisdiction over Fee Dispute Where Court Lacks Control over Funds (Distributed) & Dispute Has No Impact on Timing Or Substance of Relief in Underlying Action

In re Cmty. Bank, 2018 U.S. App. LEXIS 35841 (3d Cir. Dec. 20, 2018)): R. Bruce Carlson was co-lead counsel representing the plaintiffs in In re Community Bank of Northern Virginia M ...
In re Cmty. Bank, 2018 U.S. App. LEXIS 35841 (3d Cir. Dec. 20, 2018)): R. Bruce Carlson was co-lead counsel representing the plaintiffs in In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, MDL No. 1674 ("In …
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Rule 11 Sanctions: Failure to Heed Dismissal of Case for Lack of Diversity, and Refiling in New District with Additional Defendant, Is Frivolous — Even If New Def. Is the Real-Party-in-Interest, Every Party’s Citizenship Counts

Zausa v. Zausa, 2018 WL 5734265 (7th Cir. Nov. 1, 2018): *1 Attorney Maurice James Salem believes that if he files a lawsuit in an Illinois federal district court, which dismisses the case for lack of federal subject-matter jurisdiction, he can cure the jurisdictional problem by filing the same case in a feder ...
Zausa v. Zausa, 2018 WL 5734265 (7th Cir. Nov. 1, 2018): *1 Attorney Maurice James Salem believes that if he files a lawsuit in an Illinois federal district court, which dismisses the case for lack of federal subject-matter jurisdiction, he …
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Texts/Hearsay — Adoptive Admissions (Factors) — Unique Nature of Texts (“Truncated, Raw & Immediate”) — Deflection vs. Acquiescence — Jury Must Be Instructed It Can’t Consider the Statements Unless It Finds Adoptive Admission Factors Satisfied

State v. Hill, 2018 Wash. App. LEXIS 2837 (Wash. Ct. App. Dec. 17, 2018): An out-of-court statement is not hearsay if the party has manifested an adoption or belief in its truth ...
State v. Hill, 2018 Wash. App. LEXIS 2837 (Wash. Ct. App. Dec. 17, 2018): An out-of-court statement is not hearsay if the party has manifested an adoption or belief in its truth." ER 801(d)(2)(ii). A jury convicted Frederick …
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RICO: Loss of Unvested Work Comp Benefits ≠ Injury to Business or Property — In California, That Right Is Wholly Statutory and Not Vested until Reduced to Final Judgment

Black v. Corvel Enter. Comp, 2018 U.S. App. LEXIS 35309 (9th Cir. Dec. 17, 2018) (unpublished): The district court dismissed Appellants' claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962, and 42 U.S.C. § 1983 pursuant to Rule 12(b)(6). The district court concluded Appellants ...
Black v. Corvel Enter. Comp, 2018 U.S. App. LEXIS 35309 (9th Cir. Dec. 17, 2018) (unpublished): The district court dismissed Appellants' claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962, and 42 U.S.C. § 1983…
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Sanctions: “Dismissal Must Be a Sanction of Last, Not First, Resort” (Good Quote) — Disregard of Scheduling Order, Even with Warning, Not Enough without Consideration of Lesser Sanctions and Other (3d Circuit) Factors

Rawls v. Gibbs, 741 Fed. Appx. 108, 2018 U.S. App. LEXIS 31014, 2018 WL 5734259 (3d Cir. Nov. 1, 2018): (unpublished): OPINION*< ...
Rawls v. Gibbs, 741 Fed. Appx. 108, 2018 U.S. App. LEXIS 31014, 2018 WL 5734259 (3d Cir. Nov. 1, 2018): (unpublished): OPINION* PER CURIAM Pro se appellant Sameech Rawls appeals the District Court's dismissal of his complaint for…
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Summary Judgment: Evidentiary Issues Reviewed for Abuse of Discretion — Unsigned Dep. OK on SJ If No Inaccuracies Shown — Affidavit from Undisclosed Person Harmless Where Others Disclosed to Say Same Thing & No Deps Taken

PNC Equipment Finance v. Mariani, 2018 WL 6584123 (6th Cir. Dec. 13, 2018): Harry Carr (“Carr”) appeals the decision of the district court to grant the Motion for Summary Judgment (“Motion”) filed by Plaintiff PNC Equipment Finance, LLC (“PNCEF”) and to deny Carr’s Motion to Amend, Stay, or Vacate the district judge’s ...
PNC Equipment Finance v. Mariani, 2018 WL 6584123 (6th Cir. Dec. 13, 2018): Harry Carr (“Carr”) appeals the decision of the district court to grant the Motion for Summary Judgment (“Motion”) filed by Plaintiff PNC Equipment Finance, LLC (“PNCEF”) and…
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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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