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

SLUSA: Must Misrepresentation Be an Element of the State Law Claim to Trigger SLUSA? — Multi-Way Circuit Split (See Dissenting Opinion)

Northstar Fin. Advisors v. Schwab Invs., 2018 U.S. App. LEXIS 26095 (9th Cir. Sept. 14, 2018): In this appeal, we consider whether the Securities Litigation Uniform Standards Act (" ...
Northstar Fin. Advisors v. Schwab Invs., 2018 U.S. App. LEXIS 26095 (9th Cir. Sept. 14, 2018): In this appeal, we consider whether the Securities Litigation Uniform Standards Act ("SLUSA") precludes class claims brought under state law by Northstar Financial…
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Experts: “Daubert Is Meant to Protect Juries” — In Bench Trial, “Gatekeeper Is Keeping Gate Only for Himself” (Good Quotes) — No Need for Pretrial Hearing, Can Exclude Post-Trial — Fingerprint Analysis Generally Accepted

United States v. Flores, 901 F.3d 1150 (9th Cir. Aug. 28, 2018): Edwin Flores, a native and citizen of Mexico, appeals his conviction for attempting to reenter the United States after b ...
United States v. Flores, 901 F.3d 1150 (9th Cir. Aug. 28, 2018): Edwin Flores, a native and citizen of Mexico, appeals his conviction for attempting to reenter the United States after being deported in violation of 8 U.S.C. §…
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Absent Amendment, Allegation in Complaint = Binding Judicial Admission and Cannot Be Controverted on Appeal

Haynes v. Ind. Univ., 2018 U.S. App. LEXIS 25022 (7th Cir. Sept. 4, 2018): Ray Haynes was employed as an assistant professor in the Department of Education at Indiana University. At the ...
Haynes v. Ind. Univ., 2018 U.S. App. LEXIS 25022 (7th Cir. Sept. 4, 2018): Ray Haynes was employed as an assistant professor in the Department of Education at Indiana University. At the end of his six-year probationary contract, he…
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Unconscionability of Arbitration Clause Determine by State Law — Unilateral Right to Choose Arbitration Provider Is Substantively Unconscionable, But Prevailing Party Fees and Choice of Forum Are Not

Beltran v. AuPairCare, Inc., 2018 WL 5571319 (10th Cir. Oct. 30, 2018): *1 Au pairs and former au pairs filed a class action lawsuit against AuPairCare, Inc. (“APC”) and other au pair sponsoring companies in federal district court alleging violations of antitrust laws, the Racketeer Influenced and Corrupt Organiz ...
Beltran v. AuPairCare, Inc., 2018 WL 5571319 (10th Cir. Oct. 30, 2018): *1 Au pairs and former au pairs filed a class action lawsuit against AuPairCare, Inc. (“APC”) and other au pair sponsoring companies in federal district court alleging violations…
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Rule 37(e) Electronic Spoliation: If Court Accepts Plaintiff’s Version of Missing Emails But Finds Def/Spoliator Still Entitled to Summary Judgment, No Further Sanction Required — Intent to Destroy Not Found by Court (Jury Issue? Relev.?)

Barbera v. Pearson Educ., Inc., 2018 WL 4939772 (7th Cir. Oct. 12, 2018): *1 Vicki Barbera claims she did not get the same chance to resign with severance pay that three men got. She sued her former employer, Pearson Education, Inc. (“Pearson”) for Title VII sex discrimination and other claims. She also sa ...
Barbera v. Pearson Educ., Inc., 2018 WL 4939772 (7th Cir. Oct. 12, 2018): *1 Vicki Barbera claims she did not get the same chance to resign with severance pay that three men got. She sued her former employer, Pearson Education,…
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Yelp Reviews = Hearsay — Evidence: Generally, There Is No Prejudice If Objection Is Sustained — Court of Appeals Assumes Trial Court’s Admonition to Jury to Disregard Is Followed (Good Quotes)

People v. Suwannangkul, 2018 Cal. App. Unpub. LEXIS 7316 (Cal. Ct. App. Oct. 26, 2018): I. INTRODUCTION Defendant Anucha Suwannangkul appeals from a judgment of ...
People v. Suwannangkul, 2018 Cal. App. Unpub. LEXIS 7316 (Cal. Ct. App. Oct. 26, 2018): I. INTRODUCTION Defendant Anucha Suwannangkul appeals from a judgment of conviction following a jury trial. The jury found defendant guilty of two counts of…
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Must a Court Consider Only Admissible Evidence on Class Certification? — Circuit Split — Ninth Circuit Adopts Minority View: No — Holds It Error to Do So

Sali v. Corona Reg'l Med. Ctr., 889 F.3d 623 (9th Cir. 2018): Marlyn Sali and Deborah Spriggs ("Sali and Spriggs") appeal the district court's denial of class certific ...
Sali v. Corona Reg'l Med. Ctr., 889 F.3d 623 (9th Cir. 2018): Marlyn Sali and Deborah Spriggs ("Sali and Spriggs") appeal the district court's denial of class certification in this putative class action alleging employment claims against Corona Regional…
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Lay Opinion Testimony: Officer May Analyze Video for Jury, Which Makes Final Determination — Opinion Within Rule 701 As It Is Based on Knowledge Common to Members of the Community, Not Specialized Knowledge or Expertise

State v. Tucker, 2018 WL 4179079 (Table), 2018 WI App 62 (Wis. Ct. App. Aug. 28, 2018) (unpublished): *1 ¶ 1 Johnnie Lee Tucker appeals a judgment of conviction for one count of first-degree intentional homicide and one count of possession of a firearm by a felon. A jury convicted Tucker of both cou ...
State v. Tucker, 2018 WL 4179079 (Table), 2018 WI App 62 (Wis. Ct. App. Aug. 28, 2018) (unpublished): *1 ¶ 1 Johnnie Lee Tucker appeals a judgment of conviction for one count of first-degree intentional homicide and one count of …
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Side-Switching Expert Must Have Confidential Information from First Client to Warrant Disqualification — No Fiduciary Relationship Exists Between Music Publisher & Composer

Skidmore v. Led Zeppelin, 2018 U.S. App. LEXIS 27680, 2018 WL 4654729 (9th Cir. Sept. 28, 2018): This copyright case involves a claim that Led Zeppelin copied key portions of ...
Skidmore v. Led Zeppelin, 2018 U.S. App. LEXIS 27680, 2018 WL 4654729 (9th Cir. Sept. 28, 2018): This copyright case involves a claim that Led Zeppelin copied key portions of its timeless hit "Stairway to Heaven" from the song …
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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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