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: Racketeering Activity Leading to Loss of Work Comp Benefits ≠ Injury to Business or Property — While Professional Medical Provider’s Loss of Reimbursement Constitutes Injury, Romantic Partner’s Loss Does Not

Gucwa v. Lawley, 2018 U.S. App. LEXIS 9428 (6th Cir. Apr. 16, 2018): This is an appeal from the district court's dismissal of Mark Marusza's and Nancy Gucwa's complaint, which alle ...
Gucwa v. Lawley, 2018 U.S. App. LEXIS 9428 (6th Cir. Apr. 16, 2018): This is an appeal from the district court's dismissal of Mark Marusza's and Nancy Gucwa's complaint, which alleged four causes of action. Marusza suffered a serious …
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Sanctions: Rule 11 Fine for Repleading in Amended Complaint Claims Dismissed without Leave to Replead — § 1927 Imposes Continuing Duty to Correct or Withdraw — Key Question Is When It Became Obvious the Claim or Defense Should Be Withdrawn

Regions Bank v. Kaplan, 2018 WL 1833045 (M.D. Fla. Mar. 1, 2018): *1 The District Judge has tasked me with reporting and recommending to her the appropriate dispositions on the sanctions motions filed by Plaintiff/Counter Defendant Regions Bank (Regions), Counter Defendant Robert Shaw (Shaw), and Cross Defendant Bridg ...
Regions Bank v. Kaplan, 2018 WL 1833045 (M.D. Fla. Mar. 1, 2018): *1 The District Judge has tasked me with reporting and recommending to her the appropriate dispositions on the sanctions motions filed by Plaintiff/Counter Defendant Regions Bank (Regions), Counter…
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Class Actions — Ascertainability: Must the Plaintiffs Show, in Addition to an Objective Criterion, an Administratively Feasible Mechanism to Determine Whether Putative Members Fall within Class Definition? — Circuit Split

Belcher v. Ocwen Loan Servicing, LLC, 2018 U.S. Dist. LEXIS 61452 (M.D. Fla. Mar. 9, 2018): REPORT AND RECOMMENDATION This matter comes before the Court upon Pla ...
Belcher v. Ocwen Loan Servicing, LLC, 2018 U.S. Dist. LEXIS 61452 (M.D. Fla. Mar. 9, 2018): REPORT AND RECOMMENDATION This matter comes before the Court upon Plaintiff Timothy J. Belcher's ("Belcher") Motion for Class Certification ("Motion")(Doc. 59), to which…
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Rule 41(a) and 41(d) 2-Dismissal Rules Don’t Apply If First Dismissal Is Involuntary — Inherent Power Sanctions Cannot Be Imposed Absent Notice They Are Under Consideration — “Fleeting References” in Motion Don’t Satisfy Due Process

Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc., 2017 WL 7689644 (9th Cir. 2017): MEMORANDUM* In this case, Platinum Logistics, Inc. brought its third suit against Platinum Cargo Logistics, Inc.. After Platinum Logistics filed the present action, Platinum Cargo requested and the district court awar ...
Platinum Logistics, Inc. v. Platinum Cargo Logistics, Inc., 2017 WL 7689644 (9th Cir. 2017): MEMORANDUM* In this case, Platinum Logistics, Inc. brought its third suit against Platinum Cargo Logistics, Inc.. After Platinum Logistics filed the present action, Platinum Cargo requested …
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Rule 38 Sanctions Precluded Absent Separate Motion — Arguing in Brief Inadequate

Madura v. BAC Home Loans Serv’g, LP, 2017 U.S. App. LEXIS 24409 (11th Cir. Dec.4, 2017): PER CURIAM: Andrzej Madura and Anna Dolinska-Madura ("the Maduras"), pro se, appeal the district court's denial of their motion requesting that the court docket and preserve original loan documents in their foreclosure proce ...
Madura v. BAC Home Loans Serv’g, LP, 2017 U.S. App. LEXIS 24409 (11th Cir. Dec.4, 2017): PER CURIAM: Andrzej Madura and Anna Dolinska-Madura ("the Maduras"), pro se, appeal the district court's denial of their motion requesting that the court docket…
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Text Admissibility: 902(11) Certification from Provider Establishes Only That Record of Transmission, Not Content of Messages = Business Record — 801(d)(2)(A) Statement of Party Opponent Need Only Be Relevant, Not Substantively an Admission

State v. Jordan, 2018 S.C. App. Unpub. LEXIS 104 (S.C. Ct. App. Mar. 7, 2018): In 2014, an Abbeville County jury found Tony Vernon Jordan (Appellant) guilty of murder and possession of ...
State v. Jordan, 2018 S.C. App. Unpub. LEXIS 104 (S.C. Ct. App. Mar. 7, 2018): In 2014, an Abbeville County jury found Tony Vernon Jordan (Appellant) guilty of murder and possession of a weapon during the commission of a …
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Internet Evidence — Opponent’s Website = Admission Usable on Jurisdictional Motion — Internet Archive (Wayback) Pages of Opponent’s Website Admitted without Supporting Certification from Archive Absent Claim of Inaccuracy

SprayFoamPolymers.com, LLC v. Luciano, 2018 Tex. App. LEXIS 1793 (Tex. Ct. App. Mar. 9, 2018): This is an appeal from the trial court's denial of the special appearance filed by appellant and defendant below, SprayFoamPolymers.com, LLC, in a lawsuit filed by appellees Frank and Helene Luciano related to the installation of Thermos ...
SprayFoamPolymers.com, LLC v. Luciano, 2018 Tex. App. LEXIS 1793 (Tex. Ct. App. Mar. 9, 2018): This is an appeal from the trial court's denial of the special appearance filed by appellant and defendant below, SprayFoamPolymers.com, LLC, in a lawsuit filed…
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Appeals: A Single Sentence in a Reply Brief Below Does Not Preserve An Argument for Appellate Review

Coach Servs. v. Source II, 2018 U.S. App. LEXIS 6398 (6th Cir. Mar. 15, 2018): The district court ruled that Cerhue Walker and Source II infringed Coach's trademarks, awarded statutory dam ...
Coach Servs. v. Source II, 2018 U.S. App. LEXIS 6398 (6th Cir. Mar. 15, 2018): The district court ruled that Cerhue Walker and Source II infringed Coach's trademarks, awarded statutory damages to Coach, and permanently enjoined Walker and Source…
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Documents on 12(b)(6) Motion: Even If “Integral” to Complaint, Doc. Won’t Be Considered If Authenticity Disputed — Existence of Website Considered But Not Truth of Contents

Russo v. Navient Sols., LLC, 2018 U.S. Dist. LEXIS 48263 (D. Vt. Mar. 23, 2018): Plaintiff Kayla Russo brings this action against Defendants Navient Solutions, LLC ("Navient"), SLM Private Credit Stu ...
Russo v. Navient Sols., LLC, 2018 U.S. Dist. LEXIS 48263 (D. Vt. Mar. 23, 2018): Plaintiff Kayla Russo brings this action against Defendants Navient Solutions, LLC ("Navient"), SLM Private Credit Student Loan Trust 2006-A, SLM Private Education Student Loan…
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Sanctions: Dismissal for Failure to Prosecute — Same Factors, and Requisite Aggravating Factors, under Inherent Power & Rule 41(b) (5th Cir.) — They Include Client’s Personal Responsibility & Inaptness of Lesser Sanctions

Gates v. Strain, 2018 U.S. App. LEXIS 7268 (5th Cir. Mar. 22, 2018): Shane Gates was arrested by the St. Tammany Parish Sheriff's Office in 2006. In 2007, he filed this action under 42 ...
Gates v. Strain, 2018 U.S. App. LEXIS 7268 (5th Cir. Mar. 22, 2018): Shane Gates was arrested by the St. Tammany Parish Sheriff's Office in 2006. In 2007, he filed this action under 42 U.S.C. § 1983 alleging that…
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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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