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

Appeals Courts Decline to Create Circuit Split unless There Is a Compelling Reason to Do So, Especially When Rule/Statute Is Best Applied Uniformly (Good Quote) — Here, Compelling Reasons for Split

Padilla-Ramirez v. Bible, 2018 U.S. App. LEXIS 3602 (9th Cir. Feb. 15, 2018): As a general rule, "we decline to create a circuit split unless there is a compelling reason to do so ...
Padilla-Ramirez v. Bible, 2018 U.S. App. LEXIS 3602 (9th Cir. Feb. 15, 2018): As a general rule, "we decline to create a circuit split unless there is a compelling reason to do so." Kelton Arms Condo. Owners Ass'n, …
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Rule 37 Sanctions: “When a Party Demonstrates a Flagrant Disregard for the Court and the Discovery Process[,] Dismissal Is not an Abuse of Discretion” (Good Quote) — Appeals: Court Will Not Consider Matters Raised for the First Time on Reply

Fountain v. United States, 2018 U.S. App. LEXIS 5452 (11th Cir. Feb. 28, 2018): PER CURIAM: Maria Fountain, proceeding pro se, filed a Federal Tort Claims Act lawsuit against the ...
Fountain v. United States, 2018 U.S. App. LEXIS 5452 (11th Cir. Feb. 28, 2018): PER CURIAM: Maria Fountain, proceeding pro se, filed a Federal Tort Claims Act lawsuit against the government but failed to attend a court-ordered deposition.…
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May a Pro Se Litigant Be Sanctioned under 28 U.S.C. § 1927? — Case Law Split — Counsel for Opposing Party Ethically Must Disclose Adverse Authority to the Court

Phillips v. Austin Diagnostic Surgery Ctr., 2018 U.S. Dist. LEXIS 33329 (W.D. Tex. Mar. 1, 2018): ORDER BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Austin Diagnostic (Austin Diagnostic) Clinic Association (Austin Diagnostic)'s
Phillips v. Austin Diagnostic Surgery Ctr., 2018 U.S. Dist. LEXIS 33329 (W.D. Tex. Mar. 1, 2018): ORDER BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Austin Diagnostic (Austin Diagnostic) Clinic…
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Intervention: Denial of Motion Appealable — Timeliness: Factors; Lack of Discovery Not Dispositive — Disqualification: May Ex-Client (Corp.) Intervene Solely to DQ One Side’s Counsel (50% Owner) at Behest of Other? To Guard Work Product?

Kirsch v. Dean, 2018 U.S. App. LEXIS 11478 (6th Cir. May 3, 2018): In this dispute between two fifty-percent shareholders of a corporation, we have been asked to decide whether the cor ...
Kirsch v. Dean, 2018 U.S. App. LEXIS 11478 (6th Cir. May 3, 2018): In this dispute between two fifty-percent shareholders of a corporation, we have been asked to decide whether the corporation may intervene, at the behest of one …
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Inherent Power Sanctions: Threats of Violence Suffice for Dismissal, But If Apology Offered, Hearing May Be Required to Assess Genuineness, Credibility of Apologist

Howard v. Martins, 2018 U.S. App. LEXIS 13991 (9th Cir. May 25, 2018): This appeal raises important questions regarding the right of prisoners to bring civil rights claims against the correcti ...
Howard v. Martins, 2018 U.S. App. LEXIS 13991 (9th Cir. May 25, 2018): This appeal raises important questions regarding the right of prisoners to bring civil rights claims against the correctional officers who supervise them, and the obligation prisoners…
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Judicial Notice of Internet Evidence — Interstate Compact

Longson v. Nebraska, 2018 U.S. Dist. LEXIS 46874 (D. Neb. Mar. 22, 2018): Because Petitioner is set to serve his two-day jail sanctions for a violation of his conditions of probation this coming Saturday and because he seeks a stay, I have expedited this initial review1 of Petit ...
Longson v. Nebraska, 2018 U.S. Dist. LEXIS 46874 (D. Neb. Mar. 22, 2018): Because Petitioner is set to serve his two-day jail sanctions for a violation of his conditions of probation this coming Saturday and because he seeks a stay,…
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Removal: In What Circumstances Is a Third Party Complaint Removable?

Druivenga v. Hillshire Brands Co.,2018 U.S. Dist. LEXIS 33130 (N.D. Iowa Mar. 1, 2018):  Did The Hillshire Brands Company timely remove this action, involving what was originally a third-part ...
Druivenga v. Hillshire Brands Co.,2018 U.S. Dist. LEXIS 33130 (N.D. Iowa Mar. 1, 2018):  Did The Hillshire Brands Company timely remove this action, involving what was originally a third-party claim by Mark Druivenga, d/b/a Contract Welding & Mechanical, against…
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Revocation of Permission to Proceed In Forma Pauperis Appropriate Rule 11 Sanction for Misrepresentation — Appeals:: Issues Not Specifically & Distinctly Raised & Argued in Opening Brief Not Considered

DeVaughn v. Mannion, 2018 U.S. App. LEXIS 4468 (9th Cir. Feb. 23, 2018) (unpublished): California state prisoner Michael Owen DeVaughn appeals pro se from the district court's order in his 42 U.S.C. § 1983 action revoking his application to proceed in forma pauperis as a sanction under
DeVaughn v. Mannion, 2018 U.S. App. LEXIS 4468 (9th Cir. Feb. 23, 2018) (unpublished): California state prisoner Michael Owen DeVaughn appeals pro se from the district court's order in his 42 U.S.C. § 1983 action revoking his application to proceed…
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Rule 37(d) Sanctions — Dismissal: Factors — Violation of Order Enough, Even If Discovery Provided Late — Date for Pretrial Order Does Not Supersede 26(a)(3) Deadline for List of Witnesses and Exhibits Where Pretrial Order Due After 26(a)(3) List

Norris v MK Holdings, Inc., 2018 WL 2324256, 2018 U.S. App. LEXIS 13260 (6th Cir. May 22, 2018): *1 Ceil Walker Norris, individually and in her role as a trustee of several family trusts, and on behalf of her business, Walker & Associates, Inc., (individually and collectively “Walker”) initiated this actio ...
Norris v MK Holdings, Inc., 2018 WL 2324256, 2018 U.S. App. LEXIS 13260 (6th Cir. May 22, 2018): *1 Ceil Walker Norris, individually and in her role as a trustee of several family trusts, and on behalf of her business, …
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Contracts: The First-Breach Rule, Holding That the Party Who Commits the First Breach Cannot Complain about a Subsequent Breach by the Other Party, Applies Even If the Later Breaching Party Is Ignorant of the First Breach When It Breaches

ClubSpecialists Int'l., LLC v. Keeneland Ass'n, 2018 U.S. Dist. LEXIS 73832 (E.D. Ky. May 2, 2018): This matter is before the Court on cross-motions for summary judgment filed by Plain ...
ClubSpecialists Int'l., LLC v. Keeneland Ass'n, 2018 U.S. Dist. LEXIS 73832 (E.D. Ky. May 2, 2018): This matter is before the Court on cross-motions for summary judgment filed by Plaintiff ClubSpecialists Intl., LLC and Defendant and Intervenor Defendant Keeneland…
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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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