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: Negative Letter, Bar Complaint, Destroying Records ≠ Hobbs Act (Defs. Receive Nothing of Value That Can Be Exercised, Transferred or Sold) — Alleged Bribery of Official to Keep Quiet About His Own Misconduct Implausible (No Need to Pay)

Block v. Snohomish Cty., 2018 WL 1978954 (9th Cir. Apr. 27, 2018): In appeal No. 15-35569, Plaintiff Anne Block (“Block”) appeals the dismissal with prejudice of her second amended complaint against Snohomish County, the City of Gold Bar, and various individual defendants. In appeal No. 16-35515, Block appeals the attorneys’ fee ...
Block v. Snohomish Cty., 2018 WL 1978954 (9th Cir. Apr. 27, 2018): In appeal No. 15-35569, Plaintiff Anne Block (“Block”) appeals the dismissal with prejudice of her second amended complaint against Snohomish County, the City of Gold Bar, and various…
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Rule 38 Sanctions — Timeliness — Motion Must Be Filed within Time Allotted for Attorney’s Fees Application by Local Circuit Rule (9th Cir.) — If Double Costs Sought, Bill of Costs Must Be Timely Filed under FRAP and Circuit Rule

In re Westwood Plaza N., 2018 U.S. App. Lexis 11176 (May 1, 2018) (amended opinion): PER CURIAM: The court’s October 11, 2017 order dismissed in part this appeal for lack of jurisdiction, and summarily affirmed in part the district court’s post-judgment orders. Now before the court is appellees’ motion for an award of san ...
In re Westwood Plaza N., 2018 U.S. App. Lexis 11176 (May 1, 2018) (amended opinion): PER CURIAM: The court’s October 11, 2017 order dismissed in part this appeal for lack of jurisdiction, and summarily affirmed in part the district court’s…
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Inherent Power Sanctions: Fee Award That “Approximated a Reasonable Rate for the Time Spent in Defending” Bad Faith Litigation Satisfies Goodyear’s Mandate That Award Can’t Exceed Actual Cost Imposed by Misconduct

Regions Bank v. Gateway Hous. Found., 2018 U.S. App. LEXIS 10991 (6th Cir. Apr. 30, 2018): Gateway Housing Foundation and Terry McNellis appeal the district court's award of sanctions to R ...
Regions Bank v. Gateway Hous. Found., 2018 U.S. App. LEXIS 10991 (6th Cir. Apr. 30, 2018): Gateway Housing Foundation and Terry McNellis appeal the district court's award of sanctions to Regions Bank. All agree that the award should be…
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Hearsay: Texts Defining Scope/Terms of Conspiracy = Verbal Acts That Can Form the Requisite Non-Hearsay Evidence of Conspiracy Needed to Trigger the Exception for Other, Hearsay Texts of Conspirators

State v. Bollig, 2018 Kan. App. Unpub. LEXIS 312 (Kan. Ct. App. Apr. 27, 2018): A jury in Trego County District Court convicted Defendant Scott Robert Bollig of conspiracy to commit first-degree mu ...
State v. Bollig, 2018 Kan. App. Unpub. LEXIS 312 (Kan. Ct. App. Apr. 27, 2018): A jury in Trego County District Court convicted Defendant Scott Robert Bollig of conspiracy to commit first-degree murder for his principal role in a …
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Vexatious Litigant: 3 Suits for Same Grievance, Alone, Enough — Finding Claims Colorable for In Forma Pauperis Status Doesn’t Bar Later Sanctions — Appeals: Denial of Rule 59 Motion Unappealable, Court Treats Notice as Appeal of Underlying Order

Mitchell v. Taylor, 2018 U.S. App. LEXIS 9651 (6th Cir. Apr. 16, 2018) (unpublished): Dwight Mitchell, a pro se litigant, appeals the district court's order granting in part and denying in ...
Mitchell v. Taylor, 2018 U.S. App. LEXIS 9651 (6th Cir. Apr. 16, 2018) (unpublished): Dwight Mitchell, a pro se litigant, appeals the district court's order granting in part and denying in part the motion of Guardian Home Care Holdings,…
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Removal: Unserved Forum Defendant May Not Remove Diversity Action (Case Law Split — See Our Post of January 8, 2017)

Higgins v. City of Savannah, 2018 U.S. Dist. LEXIS 21045, 2018 WL 777164 (S.D. Ga. Feb. 8, 2018): ORDER Pro se plaintiff Janet Higgins fell and was injured while crossing River Street in Savannah, Georgia. Doc. 1-2 at 12, ¶ 12. She contends that the City of Savannah and various individual defen ...
Higgins v. City of Savannah, 2018 U.S. Dist. LEXIS 21045, 2018 WL 777164 (S.D. Ga. Feb. 8, 2018): ORDER Pro se plaintiff Janet Higgins fell and was injured while crossing River Street in Savannah, Georgia. Doc. 1-2 at 12, ¶…
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Inherent Power: Bankruptcy Court Power to Sanction for Violation of Order Entered under Title 11 Unaffected by Stern v. Marshall — Due Process: Hearing Required Where Factual Issue Exists As to Whether Misrepresentation Was Made

In re Reed (Critique Servs., LLC v. Reed), 2018 WL 1939732 (8th Cir. Apr. 25, 2018): *1 The bankruptcy court1 sanctioned Ross H. Briggs for contempt of an order and for misleading the court. The district court2< ...
In re Reed (Critique Servs., LLC v. Reed), 2018 WL 1939732 (8th Cir. Apr. 25, 2018): *1 The bankruptcy court1 sanctioned Ross H. Briggs for contempt of an order and for misleading the court. The district court2 affirmed.…
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Supreme Court: Foreign Corporations Are Not Subject to Liability under the Alien Tort Statute

Jesner v. Arab Bank, 2018 U.S. LEXIS 2631 (U.S. Apr. 24, 2018)  (Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-B-1, and II-C, in which Robert ...
Jesner v. Arab Bank, 2018 U.S. LEXIS 2631 (U.S. Apr. 24, 2018)  (Kennedy, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-B-1, and II-C, in which Roberts, C.…
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Hearsay: Texts Admissible under Coconspirator Exemption (801(d)(2)(E)) If Court Finds It Probable Declarant & Party Were Members of Conspiracy & Text Furthered It — Adoptive Admission of Third Party Texts by One Conspirator

United States v. Brown, 2018 U.S. Dist. LEXIS 67239 (D. R.I. Apr. 18, 2018): Before the Court are a series of pretrial motions filed by both the government and the defendant Devon Brown. The g ...
United States v. Brown, 2018 U.S. Dist. LEXIS 67239 (D. R.I. Apr. 18, 2018): Before the Court are a series of pretrial motions filed by both the government and the defendant Devon Brown. The government has charged Mr. Brown…
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Rule 11: Bad Faith If Atty Knowingly or Recklessly Raises Frivolous Argument, Argues Meritorious Claim to Harass, Delays or Disrupts Case or Hampers Enforcement of Order — Meaning of Abuse of Discretion (11th Cir.)

Jackson v. Jackson (In re Jackson), 2018 U.S. App. LEXIS 9804, 2018 WL 1791991 (11th Cir. Apr. 16, 2018) (unpublished): PER CURIAM: In this consolidated appeal, Matthew and Velma Jacks ...
Jackson v. Jackson (In re Jackson), 2018 U.S. App. LEXIS 9804, 2018 WL 1791991 (11th Cir. Apr. 16, 2018) (unpublished): PER CURIAM: In this consolidated appeal, Matthew and Velma Jackson, Pennsylvania attorneys proceeding pro se, challenge several orders…
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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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