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

RICO — Res Judicata: State Law Determines Preclusive Effect of Prior State Court Actions on Subsequent RICO Claim — Colorado River Abstention: Factors

Baek v. Clausen, 886 F.3d 652 (7th Cir. 2018): Clark & Leland Condominiums, LLC (“C & L”), and its shareholders, Heung Baek and Hyun Baek-Lee (collectively “the Baeks”), brought this action against Northside Community Bank (“NCB”) and several of its employees, alleging violations of the Racketeer Influenced and Corrupt Org ...
Baek v. Clausen, 886 F.3d 652 (7th Cir. 2018): Clark & Leland Condominiums, LLC (“C & L”), and its shareholders, Heung Baek and Hyun Baek-Lee (collectively “the Baeks”), brought this action against Northside Community Bank (“NCB”) and several of its…
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Supreme Court: Arbitration Waivers in Employee Contracts OK — FAA Savings Clause Applies Only to General Contractual Defenses, Not Deference to Statute Applying Only to Some Ks — Good Quotes on Precedent, Ejusdem Generis, Harmonizing Stats

Epic Sys.
Epic Sys. Corp. v. Lewis, 2018 U.S. LEXIS 3086 (U.S. May 21, 2018): Should employees and employers be allowed to agree that any disputes between them will be resolved through one-on-one arbitration? Or should employees always be permitted to …
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Inherent Power Sanctions for Extrajudicial (Prelitigation) Misconduct — Stealing Documents — & Using Them in Lit. = Manipulation of/Interference with Judicial Process — Dismissal Requires Clear and Convincing Evidence — No Warning Required Here

Xyngular v. Schenkel, 2018 WL 2208472 (10th Cir. May 15, 2018): *1 Marc Schenkel appeals the dismissal by the district court of his claims against Xyngular Corporation and various third parties as a sanction for abuse of what he claims was pre-litigation discovery. Because we have not previously decided whether pre-li ...
Xyngular v. Schenkel, 2018 WL 2208472 (10th Cir. May 15, 2018): *1 Marc Schenkel appeals the dismissal by the district court of his claims against Xyngular Corporation and various third parties as a sanction for abuse of what he claims…
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Rule 902(11) Declaration Signed 19 Months after Business Record Provided, Unattached to & Not Identifying It Excluded As Boilerplate — Connection between IP Address & Real-World Location = Expert Testimony (702, Not 701)

Commonwealth v. Manivannan, 2018 Pa. Super. LEXIS 449, 2018 PA Super 112 (Pa. Super. Ct. May 4, 2018): In this consolidated appeal, Ayyakkannu Manivannan ("Appellant"), appeals from the judgm ...
Commonwealth v. Manivannan, 2018 Pa. Super. LEXIS 449, 2018 PA Super 112 (Pa. Super. Ct. May 4, 2018): In this consolidated appeal, Ayyakkannu Manivannan ("Appellant"), appeals from the judgment of sentence of four and one-half years of probation, imposed …
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Voicemail Admissibility: Authenticating Aff. Must Include Both Caller & Recipient Nos. — §1746 Declaration Omitting “Penalty of Perjury” Out — Summary Judgment: Not Court’s Duty to Sift Thru Evidence, Nuances, Inconsistencies (Good Quote)

Thomas v. Credit Mgmt., 2018 U.S. Dist. LEXIS 83685 (N.D. Ind. May 17, 2018): The Plaintiff, Evonne Thomas, alleges that the Defendant, Credit Management, LP, violated the Fair Debt Co ...
Thomas v. Credit Mgmt., 2018 U.S. Dist. LEXIS 83685 (N.D. Ind. May 17, 2018): The Plaintiff, Evonne Thomas, alleges that the Defendant, Credit Management, LP, violated the Fair Debt Collection Practices Act (FDCPA) by impermissibly communicating with the Plaintiff's …
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§ 1927 & Inherent Power Sanctions for Not Correcting Once True Statement for 1½ Years after It Became False — Fees on Fees for Both — Punitive Sanction: If Some Part of $6,000 Fine Is Non-Compensatory, Proof Beyond Reasonable Doubt Needed

Gibson v. Credit Suisse Grp. Secs. (USA) LLC, 2018 WL 1958727 (9th Cir. Apr. 26, 2018): *1 Plaintiffs’ counsel appeal the imposition of sanctions against them. The district court affirmed the magistrate judge’s award of the sanctions after ...
Gibson v. Credit Suisse Grp. Secs. (USA) LLC, 2018 WL 1958727 (9th Cir. Apr. 26, 2018): *1 Plaintiffs’ counsel appeal the imposition of sanctions against them. The district court affirmed the magistrate judge’s award of the sanctions after Plaintiffs’ counsel …
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Fraudulent Inducement As an Exception to the Economic Loss Rule

Arena Rest. & Lounge LLC v. S. Glazer's Wine & Spirits, LLC, 2018 U.S. Dist. LEXIS 60981 (N.D. Cal. Apr. 9, 2018): Plaintiffs Arena Restaurant and Lounge LLC, Pacifica Restaurants, LLC, Vi ...
Arena Rest. & Lounge LLC v. S. Glazer's Wine & Spirits, LLC, 2018 U.S. Dist. LEXIS 60981 (N.D. Cal. Apr. 9, 2018): Plaintiffs Arena Restaurant and Lounge LLC, Pacifica Restaurants, LLC, Vine and Barrel LLC, and Daniel Flores ("Plaintiffs")…
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Judicial Notice of Internet Evidence — Google Maps and Satellite Imagery

State v. Bradford, 2018-Ohio-1417, 2018-Ohio-1417, 2018 Ohio App. LEXIS 1560 (Ohio Ct. App. Apr. 12, 2018):  [*1]  [**1]  Defendant-appellant Maurice L. Bradford ("ap ...
State v. Bradford, 2018-Ohio-1417, 2018-Ohio-1417, 2018 Ohio App. LEXIS 1560 (Ohio Ct. App. Apr. 12, 2018):  [*1]  [**1]  Defendant-appellant Maurice L. Bradford ("appellant") appeals his bench trial convictions for two felonies of the third degree: shooting a firearm over…
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Federal Arbitration Act: Jurisdiction to Confirm/Vacate: Although Circuits Are Split on Whether Amount in Controversy Is Determined by Award or Amount at Issue, Cases Turn on Whether Party Seeking to Vacate Also Seeks to Reopen

XPO Last Mile Inc. v. Anessa's Transp. Inc., 2018 U.S. Dist. LEXIS 63927 (N.D. Cal. Apr. 16, 2018): ORDER TO SHOW CAUSE REGARDING JURISDICTION Pursuant to t ...
XPO Last Mile Inc. v. Anessa's Transp. Inc., 2018 U.S. Dist. LEXIS 63927 (N.D. Cal. Apr. 16, 2018): ORDER TO SHOW CAUSE REGARDING JURISDICTION Pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. § 1, et seq., Petitioner …
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Hearsay: Emails Hours After Events ≠ Business Records — Backward-Looking Statements ≠ 803(3) Mental Intent — Each Email in Chain Separately Analyzed (805) — Complaints in FTC, Better Business Bureau OK for Notice, Adjudications Out

In re Processed Egg Prods. Antitrust Litig., 2018 U.S. Dist. LEXIS 59633 (E.D. Pa. Apr. 9, 2018): In anticipation of the upcoming trial among the Direct Purchaser Class Plaintiffs and remaining defendants, the ...
In re Processed Egg Prods. Antitrust Litig., 2018 U.S. Dist. LEXIS 59633 (E.D. Pa. Apr. 9, 2018): In anticipation of the upcoming trial among the Direct Purchaser Class Plaintiffs and remaining defendants, the parties filed 21 motions in limine.…
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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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