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

12(b)(6) Motion to Dismiss — Incorporation of Website in Complaint — OK for Court to Consider Website When Authenticity Uncontested (Compare Our Post of Jan. 15, 2016)

Beckman v. Wal-Mart Stores, Inc., 2018 U.S. Dist. LEXIS 95414 (S.D. Cal. June 5, 2018): Plaintiff Gina Beckman brings this putative class action lawsuit against Defendants Wal-Mart Sto ...
Beckman v. Wal-Mart Stores, Inc., 2018 U.S. Dist. LEXIS 95414 (S.D. Cal. June 5, 2018): Plaintiff Gina Beckman brings this putative class action lawsuit against Defendants Wal-Mart Stores, Inc. ("Wal-Mart"), Espresso Supply, Inc., Eko Brands, LLC, and Ekobrew (collectively, …
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Arbitration/Appellate Jurisdiction: May Plaintiff Voluntarily Dismiss with Prejudice Post- Microsoft to Obtain Immediate Appellate Review? — Apparent Circuit Split

Holl v. UPS, 2018 U.S. Dist. LEXIS 96288 (N.D. Cal. June 7, 2018): SUPPLEMENTAL ORDER ADDRESSING PLAINTIFF'S PETITION FOR A WRIT OF MANDAMUS Re: Dkt. No. 49 ...
Holl v. UPS, 2018 U.S. Dist. LEXIS 96288 (N.D. Cal. June 7, 2018): SUPPLEMENTAL ORDER ADDRESSING PLAINTIFF'S PETITION FOR A WRIT OF MANDAMUS Re: Dkt. No. 49 The Court enters this supplemental order in response to the May 24,…
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Judicial Notice of Internet Evidence — Notice of Wayback Machine on 12(b)(6) Motion to Address Statute of Limitations / Equitable Tolling Issues

Sabatini v. Price, 2018 U.S. Dist. LEXIS 58533 (S.D. Cal. Apr. 5, 2018): On March 6, 2018, the Court dismissed Plaintiff William Sabatini's ("Plaintiff") Privacy Act comp ...
Sabatini v. Price, 2018 U.S. Dist. LEXIS 58533 (S.D. Cal. Apr. 5, 2018): On March 6, 2018, the Court dismissed Plaintiff William Sabatini's ("Plaintiff") Privacy Act complaint finding that it was barred by its two-year statute of limitations. (Doc. …
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Diversity Jurisdiction: Administratively Dissolved Corporation (Arts. Revoked for Failure to Pay Fees, Make Filings) Still Has Principal Place of Bus., Defeats Jd, Because It “Has Been” Inc’d within §1332(c)(1) (Circuit Split) — No 1447(d) Sanction

Colon v. Ashby, 2018 U.S. Dist. LEXIS 96709 (D.D.C. June 8, 2018): Before the Court is the plaintiffs' Motion to Remand. Dkt. 8. For the reasons that follow, the Court will grant the motio ...
Colon v. Ashby, 2018 U.S. Dist. LEXIS 96709 (D.D.C. June 8, 2018): Before the Court is the plaintiffs' Motion to Remand. Dkt. 8. For the reasons that follow, the Court will grant the motion. I. BACKGROUND This suit arises…
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Appellate Jurisdiction: Where Sanctions Order Entered after Final Judgment, Appeal of Final Judgment Doesn’t Capture Order — Strictly Enforcing Scheduling Order Deadlines ≠ Abuse of Discretion

Cagle v. United States, 2018 U.S. App. LEXIS 15564 (11th Cir. June 8, 2018): PER CURIAM: Andrea J. Cagle, proceeding pro se, appeals the district court's order granting su ...
Cagle v. United States, 2018 U.S. App. LEXIS 15564 (11th Cir. June 8, 2018): PER CURIAM: Andrea J. Cagle, proceeding pro se, appeals the district court's order granting summary judgment in favor of the government and dismissing her complaint.…
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Inherent Power Sanctions: Specific Finding of Conduct Tantamount to Bad Faith Mandatory — Circumstances in Which Post-Judgment Injunction Barring Asset Transfer May Enter

Smagin v. Yegiazaryan, 2018 WL 2275269 (9th Cir. May 18, 2018) (unpublished) (note:  this opinion has been amended -- see our post of August 25, 2018): MEMORANDUM** *1 In an arbitration between Vitaly Smagin and Ashot Yegiazaryan, the Lon ...
Smagin v. Yegiazaryan, 2018 WL 2275269 (9th Cir. May 18, 2018) (unpublished) (note:  this opinion has been amended — see our post of August 25, 2018): MEMORANDUM** *1 In an arbitration between Vitaly Smagin and Ashot Yegiazaryan, the London …
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Rule 41(b) Dismissal — 4 Factors (6th Circuit) — — Absent Bad Faith, Failure to Comply with Order May Be Insufficient Unless Warning Puts Party on Notice That Further Noncompliance Will Result in Dismissal

Harris v. Davidson Cty. Sheriff, 2018 U.S. App. LEXIS 10587 (6th Cir. Apr. 25, 2018): Vaughn Harris, a Tennessee pretrial detainee proceeding pro se, appeals the district court's judgment ...
Harris v. Davidson Cty. Sheriff, 2018 U.S. App. LEXIS 10587 (6th Cir. Apr. 25, 2018): Vaughn Harris, a Tennessee pretrial detainee proceeding pro se, appeals the district court's judgment dismissing his civil rights action pursuant to Federal Rule of …
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RICO: Whistleblower Fired for Reporting RICO Violation Lacks Standing Because Injury Is Not Directly Caused by the Violation But by the Decision to Fire Her

Arroyo v. Oprona, Inc., 2018 WL 2448785 (5th Cir. May 31, 2018): ON PETITION FOR REHEARING PER CURIAM:* *1 The petition for panel rehearing is GRANTED. The panel opinion,
Arroyo v. Oprona, Inc., 2018 WL 2448785 (5th Cir. May 31, 2018): ON PETITION FOR REHEARING PER CURIAM:* *1 The petition for panel rehearing is GRANTED. The panel opinion, Arroyo v. Oprona, Inc., No. 17-20576 (5th Cir. 2018) is WITHDRAWN,…
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Rule 41(b) Dismissal — 4 Factors (6th Circuit) — While Consideration or Prior Imposition of Lesser Sanctions Is a Factor, Circuit “Is Loathe to Require District Court to Incant a Litany of Available Lesser Sanctions” Before Dismissing (Good Quote)

Feldman v. Hamilton Cty. Job & Family Servs., 2018 U.S. App. LEXIS 8755 (6th Cir. Apr. 5, 2018): Brett and Nicole Feldman, Ohio residents proceeding pro se, appeal the district court's judgment dismissing ...
Feldman v. Hamilton Cty. Job & Family Servs., 2018 U.S. App. LEXIS 8755 (6th Cir. Apr. 5, 2018): Brett and Nicole Feldman, Ohio residents proceeding pro se, appeal the district court's judgment dismissing their complaint pursuant to Federal Rule …
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Work Product Protection Cannot Be Asserted over Material Prepared at Least in Part for Party Seeking to Waive Protection — Good Quote on Party Asking Ct. App. to Substitute Implicit Finding for Express Finding

Blattman v. Scaramellino, 2018 U.S. App. LEXIS 14252 (1st Cir. May 17, 2018): This appeal arises out of a civil action brought in federal court in Delaware concerning a corporate merg ...
Blattman v. Scaramellino, 2018 U.S. App. LEXIS 14252 (1st Cir. May 17, 2018): This appeal arises out of a civil action brought in federal court in Delaware concerning a corporate merger between Efficiency 2.0 LLC ("E2.0") and C3, Inc. …
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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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