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Daily Archives: Monday, March 5, 2018

Posted: March 5, 2018

Judge Korman Grants Motion to Dismiss for Lack of Subject Matter Jurisdiction in Action to Enforce Settlement of Prior Federal ERISA Lawsuit

Posted by Solomon N. Klein, Litigation Partner It is often advisable when a case is settled to have the same court retain jurisdiction to enforce the settlement agreement in the event of a breach. However, as illustrated in a decision last week by District Judge Edward R. Korman*, the enforcement of a settlement agreement is… Read more »

Posted: March 5, 2018

Counterclaims Entitled to Benefit of Relation-Back Doctrine

On February 23, 2018, Justice Scarpulla of the New York County issued a decision in Sharbat v. AGS Capital Group, LLC, 2018 NY Slip Op. 30333(U), holding that counterclaims related back to the date of the initial complaint for statute of limitations purposes, explaining: Plaintiffs argue that the breach of contract counterclaim is timed-barred by… Read more »