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

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 June 28, 2018) (unpublished): *1 After an auto accident, a jury found defendant Carmen I. Nieves liable and awarded plaintiff Christian Angeles a $3,000,000 judgment.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 June 28, 2018) (unpublished): *1 After an auto accident, a jury found defendant Carmen I. Nieves liable and awarded plaintiff Christian Angeles a $3,000,000 judgment.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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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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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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