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

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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Rule 41(b) Dismissal — Refusal to Respond to Court’s Ultimatum Either to Amend Complaint or Stand by Complaint = Failure to Prosecute, Is Properly Met with Dismissal

Simmonds v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 17230 (9th Cir. June 25, 2018) (unpublished): Amany Simmonds appeals from the district court's order dismissing for failure to pros ...
Simmonds v. Wells Fargo Bank, N.A., 2018 U.S. App. LEXIS 17230 (9th Cir. June 25, 2018) (unpublished): Amany Simmonds appeals from the district court's order dismissing for failure to prosecute her diversity action arising from foreclosure proceedings. We have…
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R. 16(f) / 37(b)(2)(C) Sanctions — Default Requires Willful Misconduct But Not Wrongful Intent — Aggravating Factors Must Outweigh Desire for Merits-Based Decns — Factors (10th Cir.) — Failing to Hire Counsel & Refusing to Appear Pro Se Is Enough

Derma Pen, LLC v. 4EverYoung Limited, 2018 WL 2684216 (10th Cir. June 5, 2018): *1 This case began as a dispute over trademark infringement and counterclaims for breach of contract. The district court detailed much of the procedural history below.1
Derma Pen, LLC v. 4EverYoung Limited, 2018 WL 2684216 (10th Cir. June 5, 2018): *1 This case began as a dispute over trademark infringement and counterclaims for breach of contract. The district court detailed much of the procedural history below.…
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Sanctions/Spoliation — Failure to File Transcript of Sanctions Hearing Precludes Appellate Review of District Court Ruling

Critchfield v. Blazin Wings, 2018 U.S. App. LEXIS 19454 (10th Cir. July 16, 2018) (unpublished): ORDER AND JUDGMENT*
Critchfield v. Blazin Wings, 2018 U.S. App. LEXIS 19454 (10th Cir. July 16, 2018) (unpublished): ORDER AND JUDGMENT* I. INTRODUCTION Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a Buffalo Wild Wings Bar &…
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Rule 15(b)(2) Amendment of Complaint by Implied Consent: “Notice of a Claim Is Defendant’s Entitlement, Not Defendant’s Burden” — Can’t “Superimpose New (Untried) Theory on Evidence Introduced for Other Purposes” (Good Quotes)

In re Fustolo, 2018 U.S. App. LEXIS 19496 (1st Cir. July 16, 2018): Following trial on The Patriot Group, LLC's ("Patriot") adversary complaint requesting denial of the discharge in bankruptcy of ...
In re Fustolo, 2018 U.S. App. LEXIS 19496 (1st Cir. July 16, 2018): Following trial on The Patriot Group, LLC's ("Patriot") adversary complaint requesting denial of the discharge in bankruptcy of Steven Fustolo's ("Fustolo") debt, the bankruptcy court allowed…
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Rule 37(c)(1) Sanctions: Failure to Disclose Corp. Officer Would Give Expert Testimony — Fact Adversary Knew He’d Testify Doesn’t Eliminate Prejudice — Rule 13(a): Counterclaim Is Compulsory Only If It Existed When Complaint Filed

Karum Holdings LLC v. Lowe's Cos., 2018 U.S. App. LEXIS 19269 (7th Cir. July 13, 2018): When Lowe's Companies, Inc. (Lowe's Inc.) expanded its retail home ...
Karum Holdings LLC v. Lowe's Cos., 2018 U.S. App. LEXIS 19269 (7th Cir. July 13, 2018): When Lowe's Companies, Inc. (Lowe's Inc.) expanded its retail home improvement stores into Mexico, Lowe's Companies Mexico, S. de R.L. de C.V. (Lowe's…
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Appellate Jurisdiction — Even Though Motion to Reconsider Tolls Time to Appeal Until It’s Decided, It Does Not Extend Time If Made & Resolved before Judgment Entered — No Penalty or Benefit from Prematurely Filing Post-Judgment Motion

Havensight Capital LLC v. Nike, Inc., 2018 U.S. App. LEXIS 15367 (9th Cir. June 7, 2018): This appeal is the latest in an ongoing and bizarre dispute between Havensight Capital LLC (Ha ...
Havensight Capital LLC v. Nike, Inc., 2018 U.S. App. LEXIS 15367 (9th Cir. June 7, 2018): This appeal is the latest in an ongoing and bizarre dispute between Havensight Capital LLC (Havensight) and Nike, Inc. (Nike). Throughout these proceedings, …
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Judicial Notice of Internet Evidence — Court Can Take Judicial Notice of the Fact That Search Engines Index Web Content and Dynamically Return Relevant Search Results in Response to User-Entered Search Terms

Carter v. Oath Holdings, Inc., 2018 U.S. Dist. LEXIS 104510, 2018 WL 3067985 (N.D. Cal. June 21, 2018): Plaintiff Brian K. Carter brings this trademark infringement action against Defendant O ...
Carter v. Oath Holdings, Inc., 2018 U.S. Dist. LEXIS 104510, 2018 WL 3067985 (N.D. Cal. June 21, 2018): Plaintiff Brian K. Carter brings this trademark infringement action against Defendant Oath Holdings, Inc. Compl., ECF 1-1. Defendant filed a motion…
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§1782: Sworn Statement of Intent to File Foreign Criminal Complaint Satisfies “Foreign Tribunal” Requirement, Ability to Inject Evidence = “For Use” & Makes Movant Interested Party, As Does Circumscribed Ability to Appeal

In re Furstenberg Fin. SAS & Marc Bataillon, 2018 U.S. Dist. LEXIS 116391 (S.D.N.Y. July 12, 2018): Furstenberg Finance SAS and Marc Bataillon (together, the "petitioners") have appl ...
In re Furstenberg Fin. SAS & Marc Bataillon, 2018 U.S. Dist. LEXIS 116391 (S.D.N.Y. July 12, 2018): Furstenberg Finance SAS and Marc Bataillon (together, the "petitioners") have applied, pursuant to 28 U.S.C. § 1782, for an order for…
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Recent Posts

RICO Causation: Parents of Children with Disabilities Deprived In-Person Education and Services during the Pandemic Were Not Causally Injured by Teachers’ False Assurances to Federal Authorities That IDEA-Complaint Policies Were in Place, Which Caused Funds to Issue But Not to the Benefit of the Disabled Children — Damages Too Indirect — Proper Plaintiff Is U.S. Government — Private Injunctive Relief Under RICO Uncertain in Third Circuit

Sanctions: Rule 37(b)(2) Dismissal — Sixth Circuit Factors

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

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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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