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 15 Relation Back of Amended Complaint: Issue Is Awareness of Unnamed Defendant, Not Negligence of Plaintiff — 3 Factors

St. John v. 81 Yale Apts., 2018 U.S. Dist. LEXIS 126530 (N.D. Okla. July 30, 2018): Now before the Court is Plaintiff's Motion to Amend (Dkt. # 20). Plaintiff requests leave to file ...
St. John v. 81 Yale Apts., 2018 U.S. Dist. LEXIS 126530 (N.D. Okla. July 30, 2018): Now before the Court is Plaintiff's Motion to Amend (Dkt. # 20). Plaintiff requests leave to file an amended complaint adding Lynco, Inc.…
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§ 1782: Evidence Obtained for Use Abroad Is Freely Usable in Any Other Case, Domestic or Foreign, Unless Limited by the Court — Rule 45: If Person Is Subpoena-able, Location of Documents S/he Controls Is Irrelevant

In re Ferrer, 2018 U.S. Dist. LEXIS 111172, 2018 WL 3240010 (S.D. Fla. July 3, 2018): ORDER THIS CAUSE comes before the Court on Delcop, LLC's and Ernesto De ...
In re Ferrer, 2018 U.S. Dist. LEXIS 111172, 2018 WL 3240010 (S.D. Fla. July 3, 2018): ORDER THIS CAUSE comes before the Court on Delcop, LLC's and Ernesto De Luca's Motion and Incorporated Memorandum of Law to Vacate Ex…
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Instagram: Photos on Social Media Don’t Require Full Social Media Authentication — Lay Witness Competent to Testify as to How Instagram Works, Her Experience with It (Rule 701, Not 702) — Silent Witness Theory Inapt

Commonwealth v. Martin, 2018 Pa. Super. Unpub. LEXIS 2217, 2018 WL 3121766 (Penn. Super. Ct. App. Div. June 26, 2018) (unpublished): Appellant, Kenneth Martin, appeals from the judgment of sen ...
Commonwealth v. Martin, 2018 Pa. Super. Unpub. LEXIS 2217, 2018 WL 3121766 (Penn. Super. Ct. App. Div. June 26, 2018) (unpublished): Appellant, Kenneth Martin, appeals from the judgment of sentence of seven and one-half to twenty years of incarceration…
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Spoliation: Bad Faith Required for Adverse Inference Instruction Means Destruction for the Purpose of Hiding Adverse Evidence — Failure of Counsel to Communicate Court Preservation Order to Responsible Person, without More, Insufficient

United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodrigue ...
United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodriguez-Sanchez ("Rodriguez") appeals his jury conviction for knowingly, intentionally, and unlawfully importing cocaine and heroin into the United States from Mexico…
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Spoliation: The Bad Faith Required for Adverse Inference Instruction = Destruction for the Purpose of Hiding Adverse Evidence — Failure of Counsel to Communicate Court Preservation Order to Responsible Person, without More, Insufficient

United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodrigue ...
United States v. Rodriguez-Sanchez, 2018 U.S. App. LEXIS 20428 (5th Cir. July 23, 2018): PER CURIAM:* Guillermo Rodriguez-Sanchez ("Rodriguez") appeals his jury conviction for knowingly, intentionally, and unlawfully importing cocaine and heroin into the United States from Mexico…
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RICO — Collection of Unlawful Debt — Factors: (1) Usurious Rate, (2) in Connection with Loan, (3) at Least Twice the Enforceable Rate — Do Added Fees Count in Computing Rate?

Kwon v. Santander Consumer United States, 2018 U.S. App. LEXIS 20473, 2018 WL 3546498 (2d Cir. July 24, 2018) (summary order): *1 UPON DUE CONSIDERATION, IT IS HEREBY ...
Kwon v. Santander Consumer United States, 2018 U.S. App. LEXIS 20473, 2018 WL 3546498 (2d Cir. July 24, 2018) (summary order): *1 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court…
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Trials: Cross “Is Greatest Engine Invented for Discovery of Truth” — Ct. App. “Must Pay Deference to Trial Judge’s Feel of Case … [S/he] Sees Jurors Wince, Weep, Snicker…” (Good Quotes) — Must Impeachment Evid. Be Admissible?

Angeles v. Nieves, 2018 WL 3149551 (N.J. Super. App. Div. June 28, 2018) (unpublished): *1 After an auto accident, a jury found defendant Carmen I. Nieves liable and awarded plaintiff Christian Angeles a $3,000,000 judgment. Both parties appeal from a December 31, 2015 order. Defendant appeals the order’s denial of ...
Angeles v. Nieves, 2018 WL 3149551 (N.J. Super. App. Div. June 28, 2018) (unpublished): *1 After an auto accident, a jury found defendant Carmen I. Nieves liable and awarded plaintiff Christian Angeles a $3,000,000 judgment. Both parties appeal from a…
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Personal Jurisdiction: Out-of-State Litigation against State Domiciliary Insufficient to Establish Personal Jurisdiction against Lawyer Involved in the Out-of-State Litigation

John Crane, Inc. v. Shein Law Center, Ltd., 891 F.3d 692 (7th Cir. 2018): John Crane, Inc., as a manufacturer of products containing asbestos, has been sued many times for injuries caused by exposure to asbestos. Now it claims some of those suits were part of a conspiracy to defraud the company. It filed lawsuits in the Northe ...
John Crane, Inc. v. Shein Law Center, Ltd., 891 F.3d 692 (7th Cir. 2018): John Crane, Inc., as a manufacturer of products containing asbestos, has been sued many times for injuries caused by exposure to asbestos. Now it claims some …
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Rooker-Feldman Applies to Removed Cases, Circuit Split on Whether State Court Appeals Must Be Concluded (Here, No) — Law of the Case Dictates Same Result — Good Quote on Policy Underlying Law of the Case Doctrine

Gruppo Formstar LLC v. FM Forrest, Inc. (In re FM Forrest, Inc.), 2018 Bankr. LEXIS 2132 (S.D. Tex. July 18, 2018): I. Introduction The dispute at bar is governed by
Gruppo Formstar LLC v. FM Forrest, Inc. (In re FM Forrest, Inc.), 2018 Bankr. LEXIS 2132 (S.D. Tex. July 18, 2018): I. Introduction The dispute at bar is governed by Federal Rule of Civil Procedure 60(b) for which there…
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R. 11 Sanctions: No Right to Warning You Disobey Orders at Your Peril — May Infer Bad Faith from Frivolousness — “Legal Theory May Be Frivolous Even If We Never Said So Before” (Good Quote) — Inherent Power = Lesser Equivalent of Contempt

Huebner v. Midland Credit Mgmt., 2018 U.S. App. LEXIS 19954 (2d Cir. July 19, 2018):  Plaintiff-Appellant Levi Huebner ("Huebner") is an attorney who has litigated several cases under the Fair Debt ...
Huebner v. Midland Credit Mgmt., 2018 U.S. App. LEXIS 19954 (2d Cir. July 19, 2018):  Plaintiff-Appellant Levi Huebner ("Huebner") is an attorney who has litigated several cases under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, …
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Recent Posts

Inherent Power Sanctions — Extrajudicial Misconduct: Sanctions Power Extends to Conduct Intended to Sabotage Court’s Ability to Adjudicate the Case Before It, Here, By Commencing State Court Actions Seeking to Enjoin the Federal Plaintiffs from Proceeding with Their Federal Litigation — Sanctions Fee Awards: The Factors Used For Calculating A Fee Award To A Prevailing Party Do Not Govern — Under Goodyear, the Relevant Inquiry Is Whether There Is A Sufficient Causal Link Between The Sanctioned Misconduct And The Fees Awarded

RICO: Members of Association-in-Fact Enterprise Must Act with a Common Purpose—Mere Allegation That Various Defendants Agreed at Different Times to Engage in Various Fraudulent Schemes Does Not Plausibly Support the Essential Inference, That They Acted with s Sufficiently Common Purpose

RICO Causation: (1) State’s Misrepresentation to Federal Government That It Was Providing Plaintiffs with Mandated Special Education Did Not Cause Plaintiffs’ Injury Because The Failure to Provide The Education Was Not Caused by the Fraud on the Federal Government — (2) The Three Factors for Assessing RICO Causation — (3) Limits of the Second Circuit’s Decision in Alix v. McKinsey That Causation Can Be Established Where A Fraud On The Judiciary “Or Other Governmental Entity” Resulted In A Resource Going To Someone Less Deserving

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)

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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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