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

Subsequent Judge Not Bound by Interlocutory Order of Predecessor — May Reconsider It Per Law-of-the-Case Doctrine — Emergence of Circuit Split Can Justify Reconsideration

Grimm v. Gloucester Cty. Sch. Bd., 302 F. Supp. 3d 730 (E.D. Va. 2018): Pending before the Court is an Amended Motion to Dismiss pursuant to
Grimm v. Gloucester Cty. Sch. Bd., 302 F. Supp. 3d 730 (E.D. Va. 2018): Pending before the Court is an Amended Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 135) filed by Defendant Gloucester…
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Inherent Power Sanctions Apt for Party’s Threats to Sue Witnesses, Opposing Counsel If They Fail to Comply with Demands — District Court Retains Jurisdiction to Sanction During Appeal, Needn’t Explain Why Sanctions Denied

Greene v. Indep. Pilots Ass'n, 2018 U.S. App. LEXIS 28271 (6th Cir. Oct. 4, 2018): Douglas Walter Greene, a pro se plaintiff, appeals the district court's order imposing monetar ...
Greene v. Indep. Pilots Ass'n, 2018 U.S. App. LEXIS 28271 (6th Cir. Oct. 4, 2018): Douglas Walter Greene, a pro se plaintiff, appeals the district court's order imposing monetary sanctions against him and denying his cross-motion for sanctions against…
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Experts: When Testimony Is Based on Experience, Tribunal Determines Reliability with Reference to The Nature of The Issue, The Expert’s Particular Expertise & The Subject of the Testimony

F & H Coatings, LLC v. Acosta, 900 F.3d 1214 (10th Cir. 2018): F & H Coatings, L.L.C. ("F & H") seeks review of a final order of the Occupational Safety and Health Review Comm ...
F & H Coatings, LLC v. Acosta, 900 F.3d 1214 (10th Cir. 2018): F & H Coatings, L.L.C. ("F & H") seeks review of a final order of the Occupational Safety and Health Review Commission ("Commission"), and asks us…
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Rule 11 Sanctions — Failure to Request Limitation of Award Based on Inability to Pay or to Offer Evidence Showing Same Waives Issue — Does Judge Have Ethical Duty to Refer Offender to Disciplinary Authorities?

Young v. Smith, 2018 U.S. App. LEXIS 27331 (3d Cir. Sept. 25, 2018): Appellant Cynthia Pollick appeals the District Court's order denying her fee petition, imposing sanction ...
Young v. Smith, 2018 U.S. App. LEXIS 27331 (3d Cir. Sept. 25, 2018): Appellant Cynthia Pollick appeals the District Court's order denying her fee petition, imposing sanctions in the aggregate amount of $25,000, and referring Pollick to the Disciplinary …
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Witness Litigation Privilege Gives Absolute Immunity from Civil Action for Testimony & Prep, Bars RICO Claim vs Expert — Common Law Immunities Must Be Expressly Eliminated — Perjury ≠ Predicate Act — Civ, Crim RICO Don’t Always Have Same Reach

Day v. Johns Hopkins Health Sys. Corp., 2018 WL 5306886 (4th Cir. Oct. 6, 2018) (2-1 decision): *1 Plaintiffs brought suit against Dr. Paul Wheeler and Johns Hopkins Health System et al. for Wheeler’s actions as an expert witness in administrative hearings for the Federal Black Lung Program. This lawsuit inc ...
Day v. Johns Hopkins Health Sys. Corp., 2018 WL 5306886 (4th Cir. Oct. 6, 2018) (2-1 decision): *1 Plaintiffs brought suit against Dr. Paul Wheeler and Johns Hopkins Health System et al. for Wheeler’s actions as an expert witness in …
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Rule 11: Court Can’t Read Improper Purpose into Document Well-Grounded in Fact & Law unless Improper Purpose Is Objectively Ascertainable — Disagreement About Law ≠ Frivolous — Arg. Must’ve Been Rejected by Well-Established Case Law

Day v. Johns Hopkins Health Sys. Corp., 2018 WL 5306886 (4th Cir. Oct. 6, 2018) (2-1 decision): *1 Plaintiffs brought suit against Dr. Paul Wheeler and Johns Hopkins Health System et al. for Wheeler’s actions as an expert witness in administrative hearings for the Federal Black Lung Program. This lawsuit in ...
Day v. Johns Hopkins Health Sys. Corp., 2018 WL 5306886 (4th Cir. Oct. 6, 2018) (2-1 decision): *1 Plaintiffs brought suit against Dr. Paul Wheeler and Johns Hopkins Health System et al. for Wheeler’s actions as an expert witness in …
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Judicial Notice of Internet Evidence: Court May Take Judicial Notice of Wayback Machine (Internet Archive) Documents

Safeway Transit LLC v. Disc. Party Bus, Inc., 2018 U.S. Dist. LEXIS 137185, 2018 WL 3831345 (D. Minn. Aug. 13, 2018): The parties to this case are Twin Cities party bus proprietors. In September 2015, P ...
Safeway Transit LLC v. Disc. Party Bus, Inc., 2018 U.S. Dist. LEXIS 137185, 2018 WL 3831345 (D. Minn. Aug. 13, 2018): The parties to this case are Twin Cities party bus proprietors. In September 2015, Plaintiff Safeway Transit LLC…
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Spoliation: Failure to Stop 3rd Party Doc Destruction = Bad Faith Spoliation — § 285 Exceptional Case Award Limited to Fees Caused by Misconduct — Improper to Pay Fact Witnesses Contingently, unless Patent Assignment / License Involved

Rembrandt Techs., LP v. Comcast of Fla./Pa., LP (In re Rembrandt Techs. LP Patent Litig.), 2018 U.S. App. LEXIS 22689 (Fed. Cir. Aug. 15, 2018): This appeal derives from a multitude of patent infringeme ...
Rembrandt Techs., LP v. Comcast of Fla./Pa., LP (In re Rembrandt Techs. LP Patent Litig.), 2018 U.S. App. LEXIS 22689 (Fed. Cir. Aug. 15, 2018): This appeal derives from a multitude of patent infringement actions that plaintiffs-appellants Rembrandt Technologies,…
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Email Admissibility on Summary Judgment — State of Mind, Authenticatable by Corroborating Testimony at Trial

Beach v. Hsbc Bank United States, 2018 U.S. Dist. LEXIS 141887 (S.D.N.Y. Aug. 21, 2018): HSBC Bank USA, N.A. ("HSBC") moves for summary judgment dismissing Stephen Bea ...
Beach v. Hsbc Bank United States, 2018 U.S. Dist. LEXIS 141887 (S.D.N.Y. Aug. 21, 2018): HSBC Bank USA, N.A. ("HSBC") moves for summary judgment dismissing Stephen Beach's action for breach of contract and declaratory judgment. For the following reasons,…
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28 U.S.C. § 1782’s “Resides Or Is Found” Requirement Is Satisfied Only If the Relationship of the Person to the District Would Warrant Exercise of Personal Jurisdiction over Him or Her

In re Ruiz, 2018 U.S. Dist. LEXIS 180262 (S.D.N.Y. Oct. 19, 2018): Petitioners in the above-captioned [*4]  actions have applied for court orders to conduct discover ...
In re Ruiz, 2018 U.S. Dist. LEXIS 180262 (S.D.N.Y. Oct. 19, 2018): Petitioners in the above-captioned [*4]  actions have applied for court orders to conduct discovery for use in foreign proceedings, pursuant to Title 28, United States Code, Section …
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Recent Posts

RICO: Indirect Injury Unrecoverable — Indirect Purchaser Rule Imported from Antitrust

Rule 11 Sanctions: (1) Improper Purpose of Harassment Reasonably Determined Based on Past Tactics (25 Lawsuits, 14 Ethics Complaints, and 150 FOIA Requests) As Well As Present Behavior — (2) Hearings Are Not Only Not Required to Satisfy Due Process But, If The Record Is Otherwise Adequate, Are Affirmatively Discouraged

RICO and Probate Exception to Federal Jurisdiction: Federal Jurisdiction over RICO Claim Not Barred by Probate Exception Even If the Federal Judgment May Be Binding on the Probate Proceedings (Or Vice Versa) — Calculating Damages Based on Diminution of Value of Estate ≠ Administration of the Estate — Doesn’t Matter If RICO Misconduct Includes Defendants’ Actions with Respect to The Estate

RICO: No Causation Where Harm Flowed Several Steps After the Fraudulent Acts — RICO Causation Same As Antitrust Causation

Sanctions vs. Automatic Stay: Imposition of Sanctions (Here, Inherent Power Sanctions) Is Subject to the Police Power Exception to the Automatic Stay in Bankruptcy

The Word “Include” May Be A Word of Limitation As Opposed to a Word of Enlargement, Depending on the Context

RICO — Pleading Conspiracy — Plaintiffs Must Plausibly Allege That the Defendants Knowingly Joined the RICO Conspiracy — Sparse Allegations of Knowledge of Fraud Due to Participation in a Commercial Transaction Insufficient to State RICO Conspiracy Claim Where Allegations Not Inconsistent with Ordinary Commercial Behavior — While Knowledge May Be Pled “Generally” under Rule 9(b), It Cannot Be Alleged Conclusorily and Must Satisfy the Twiqbal Plausibility Standard

Depositions: Improper to Object to Form to Straightforward Questions (Not Compound, Vague, Leading or Speculative) — Lack of Foundation Objection Improper in 30(b)(6) Deposition — Improper to “Educate” Witness During Breaks of 30(b)(6) Deposition Through Witness Calls to Knowledgeable Corporate Colleagues — Magistrate Judge May Impose Financial Sanctions

Spoliation/Sanctions: “A Party Does Not Spoliate Evidence When, Without Notice Of The Evidence’s Potential Relevance, It Destroys The Evidence According To Its Policy Or In The Normal Course Of Its Business” (Good Quote)

RICO: Fraud on Government Entities Causing Plaintiffs to Pay More for Inmate Calls Actionable on Bridge v. Phoenix Bond Analysis — Fact That Governments Had Separate Injuries As Part of the Scheme (from Reduced Commissions) Irrelevant — Plaintiffs’ Injuries Not Derivative of Governments’ — The Fraud on the Governments Was Not Too Distinct From Plaintiffs’ Injuries But Rather Necessary to Injure Plaintiffs — No Risk of Duplicative Recoveries and No Plaintiff Better Situated to Sue for Plaintiffs’ Injuries

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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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