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

Does a Magistrate Judge Have Power to Resolve Post-Judgment Discovery Issues? — First Impression (Yes) — Privilege: Witness Must Take Stand & Assert Fifth & Attorney-Client on Question-by-Question Basis — Elements of Summary Criminal Contempt

In re Deposition of LeFande, 2018 U.S. Dist. LEXIS 30203 (D.D.C. Feb. 26, 2018): Attorney Matthew LeFande has moved to vacate a criminal contempt order issued against him by the Magistrate Judge when he refused to take the stand and be sworn for the deposition that was scheduled to take place on September 21, 2017 in the Magis ...
In re Deposition of LeFande, 2018 U.S. Dist. LEXIS 30203 (D.D.C. Feb. 26, 2018): Attorney Matthew LeFande has moved to vacate a criminal contempt order issued against him by the Magistrate Judge when he refused to take the stand and …
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“Conclusory & Often Shifting Testimony” Can’t Defeat SJ — Rule 11 Sanctions for Party’s “Remarkable” Failure to “Settle[] on Basic Facts … Easily Accessible to” Her 5 Years into the Case—No Sxs for Novel Legal Theory (Good Quotes)

Hutter v. Countrywide Bank, N.A., 2018 WL 580630 (2d Cir. Jan. 29, 2018): *1 Plaintiff-appellant Nance M. Hutter (“Plaintiff” or “Hutter”) and appellant Stephen A. Katz (“Katz”), an attorney proceeding pro se, appeal from the June 12, 2017 judgment of the District Court. As relevant here, ...
Hutter v. Countrywide Bank, N.A., 2018 WL 580630 (2d Cir. Jan. 29, 2018): *1 Plaintiff-appellant Nance M. Hutter (“Plaintiff” or “Hutter”) and appellant Stephen A. Katz (“Katz”), an attorney proceeding pro se, appeal from the June 12, 2017 judgment of …
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Hearsay: A Court Judgment Or Ruling Is Inadmissible Hearsay If It Is Offered to Prove the Truth of the Matter Asserted — Must Be Offered for Non-Hearsay Purpose, Like Effect on the Listener

UnitedHealth Grp., Inc. v. Exec. Risk Specialty Ins. Co., 870 F.3d 856 (8th Cir. 2017): UnitedHealth Group sued several insurers in the [**2]  District of Minnesota, seekin ...
UnitedHealth Grp., Inc. v. Exec. Risk Specialty Ins. Co., 870 F.3d 856 (8th Cir. 2017): UnitedHealth Group sued several insurers in the [**2]  District of Minnesota, seeking indemnity and defense costs for underlying litigation settlements under its professional liability…
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Rule 37(c)(1) Sanctions — When Preclusion (Here of Damages Computation Not Disclosed Per 26(a)(1)) Will Result in Functional Dismissal of the Case, Finding of Willfulness, Fault or Bad Faith Is Required, and Lesser Sanctions Must Be Considered

Tablizo v. City of Las Vegas, 2018 WL 1979048 (9th Cir. Apr. 27, 2018): MEMORANDUM* Plaintiff-Appellant Cely Tablizo appeals the district court’s grant of summary judgment for Defendant-Appellee the City of Las Vegas. We have jurisdiction under
Tablizo v. City of Las Vegas, 2018 WL 1979048 (9th Cir. Apr. 27, 2018): MEMORANDUM* Plaintiff-Appellant Cely Tablizo appeals the district court’s grant of summary judgment for Defendant-Appellee the City of Las Vegas. We have jurisdiction under 28 U.S.C. § …
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Social Media Video (YouTube/Facebook) Authenticated by Evid. of Download, Contents — No Need for Creator or Cert. from Website — Lay Opinion OK If Wit. in Better Position Than Jury to Identify Person, Object, Voice (Collecting Cases)

Lamb v. State, 2018 Fla. App. LEXIS 6086 (Fla. Ct. App. May 2, 2018): The defendant appeals from his convictions, arising from a carjacking, for grand theft of a vehicle and grand theft. The defendant ...
Lamb v. State, 2018 Fla. App. LEXIS 6086 (Fla. Ct. App. May 2, 2018): The defendant appeals from his convictions, arising from a carjacking, for grand theft of a vehicle and grand theft. The defendant primarily argues that the …
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§ 1927 Sanctions: Only Excess Costs Recoverable — Recusal: Expressions of Impatience, Annoyance, Anger Not Enough — In Limine Ruling Generally Superfluous in Bench Trials But No Error to Issue One

Ketab Corp. v. Mesriani & Assocs., PC, 2018 WL 2041424 (9th Cir. May 2, 2018): MEMORANDUM** *1 This case is a consolidated appeal arising from Plaintiff-Appellant Ketab Corp.’s (“Ketab”) claims against Defendants-Appellees Mesriani & Associates, P.C. ...
Ketab Corp. v. Mesriani & Assocs., PC, 2018 WL 2041424 (9th Cir. May 2, 2018): MEMORANDUM** *1 This case is a consolidated appeal arising from Plaintiff-Appellant Ketab Corp.’s (“Ketab”) claims against Defendants-Appellees Mesriani & Associates, P.C. aka, Mesriani Law…
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Standards of Review of Magistrate Judge Reports and Recommendations — Impact of Specific Objections — New Evidence Requires Compelling Justification

Fischer v. Forrest, 2018 U.S. Dist. LEXIS 25923 (S.D.N.Y. Feb. 16, 2018): A. Reports and Recommendations After a magistrate judge has issued a Report and Recommendation, a district court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." ...
Fischer v. Forrest, 2018 U.S. Dist. LEXIS 25923 (S.D.N.Y. Feb. 16, 2018): A. Reports and Recommendations After a magistrate judge has issued a Report and Recommendation, a district court may "accept, reject, or modify, in whole or in part, the…
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Do the Heightened Pleading Requirements of Rule 9(b) Apply to Negligent Misrepresentation Claims? — Circuit Split

Armour Capital Mgmt. LP v. SS&C Techs., 2018 U.S. Dist. LEXIS 43280 (D. Conn. Mar. 16, 2018): This case arises from a contractual relationship between ARMOUR Capital Management LP (ACM), a reg ...
Armour Capital Mgmt. LP v. SS&C Techs., 2018 U.S. Dist. LEXIS 43280 (D. Conn. Mar. 16, 2018): This case arises from a contractual relationship between ARMOUR Capital Management LP (ACM), a registered investment advisor focusing on mortgage-related securities, and…
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Contempt Sanctions: A Coercive Sanction Cannot Be Imposed on a Party That Is Currently in Compliance Just to Insure Future Compliance (Here, a Special Master) (Good Quote)

Acosta v. Paragon Contrs. Corp., 2018 U.S. App. LEXIS 6198, 2018 WL 1280127 (10th Cir. Mar. 13, 2018):   This case arises out of a 2007 injunction, which prohibited Paragon Contractor ...
Acosta v. Paragon Contrs. Corp., 2018 U.S. App. LEXIS 6198, 2018 WL 1280127 (10th Cir. Mar. 13, 2018):   This case arises out of a 2007 injunction, which prohibited Paragon Contractors Corporation and its president (Mr. Brian Jessop) from engaging …
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Is a Decision on a Motion to Intervene Dispositive under 28 U.S.C. § 636? — Case Law Split as to Whether Magistrate Judge Has Power to Decide or Must Issue an R&R

Vazzo v City of Tampa, 2018 U.S. Dist. LEXIS 57558 (M.D. Fla. Mar. 15, 2018): 1 Courts in this circuit are split on whether motions to intervene are dispositive under 28 U.S.C. Section 636. Compare
Vazzo v City of Tampa, 2018 U.S. Dist. LEXIS 57558 (M.D. Fla. Mar. 15, 2018): 1 Courts in this circuit are split on whether motions to intervene are dispositive under 28 U.S.C. Section 636. Compare Mid-Continent Cas. Co. v. …
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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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