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Monthly Archives: October 2013

Posted: October 31, 2013

Existence of Fiduciary Duty Depends on Role in Which Party is Acting

On October 30, 2013, the Second Department issued a decision in Varveris v. Zacharakos, 2013 N.Y. Slip Op. 07028, examining when a corporate officer/director owes a fiduciary duty to the corporation’s shareholders. In Varveris, the defendant was “a director, officer, shareholder, and managing agent of” a close corporation of which plaintiff was a shareholder. Defendant purchased… Read more »

Posted: October 30, 2013

Punitive Damages Award In Big Pharma Case Reduced From $10 Million To $900,000

In Davids v. Novartis Pharmaceuticals Corp., 06 CV 431 (E.D.N.Y. Oct. 9, 2013), Judge Spatt resolved post-trial motions  in a case involving the defendant’s alleged failure to warn plaintiff of potential dangers posed by an anti-cancer drug called Zometa.  A jury awarded plaintiff $450,000 in compensatory damages and $10,000,000 in punitive damages because the drug… Read more »

Posted: October 28, 2013

Disparate Treatment Claim Dismissed For Lack Of Nexus

In Forgione v. The City of New York, et al., 11 CV 5248 (E.D.N.Y. Oct. 17, 2013), Judge Gleeson granted summary judgment for the police department and two of its officials, dismissing disability discrimination claims brought by a police captain under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq. … Read more »

Posted: October 24, 2013

“Notwithstanding” Clause Controls Contract Even When It Reads Other Term Out of the Contract

On October 22, 2013, the First Department issued a decision in Warburg Opportunistic Trading Fund, L.P. v. GeoResources, Inc., 2013 N.Y. Slip Op. 06826, holding that a “notwithstanding” clause trumps all other clauses in a contract, even when that clause would effectively read another clause out of the agreement. The appeal arose out of seemingly inconsistent… Read more »

Posted: October 23, 2013

Rule 56 Requires A “Genuine” Issue Of Fact

In Cruz v. Reiner et al., 11 CV 2131 (E.D.N.Y. Oct. 16, 2013), Judge Brian Cogan granted defendants’ motion for summary judgment in a case alleging excessive force pursuant to 42 U.S.C. § 1983.  In so doing, the court found that even though a party opposing summary judgment submits a sworn statement giving its version… Read more »