Monthly Archives: November 2014

Posted: November 30, 2014

Court Declines to Stay Action in Favor of Pending Bankruptcy

On November 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Stonehill Institutional Partners, L.P. v. Frac Diamond Aggregates LLC, 2014 NY Slip Op. 32977(U), refusing to stay an “an enforcement action to obtain an order of reference, to confirm sale, and to determine the amount of a deficiency… Read more »

Posted: November 29, 2014

Court Sanctions Plaintiff for Asserting Previously-Decided Claims

On November 24, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sherman v. Mulerman, 2014 NY Slip Op. 51655(U), sanctioning plaintiffs for bringing claims that they already had lost in prior litigations. In Sherman, the plaintiffs brought claims against the defendants that, the trial court found, duplicated claims that already… Read more »

Posted: November 28, 2014

Court Erred in Relying on Presentencing Report in Determining Whether Defendant Was Subject to Armed Career Criminal Act

On November 14, 2014, the Second Circuit issued a decision in United States v. Dantzler, 13-2930-CR, holding that “a court may not rely upon a Presentence Report in determining whether crimes were committed “on occasions different from one another” for purposes of applying the Armed Career Criminal Act (“ACCA”), where the relevant facts described in… Read more »

Posted: November 27, 2014

New Jersey Launches Complex Business Litigation Program

On November 13, 2014, the Acting Administrative Director of the New Jersey State Courts issued a Notice to the Bar implementing a November 13, 2014, order by the New Jersey Supreme Court authorizing the implementation of the Complex Business Litigation Program. The text of the notice is repeated below. As this program ramps up, we… Read more »

Posted: November 26, 2014

Court Not Required to Apply Entire Fairness Standard to Going Private Transaction

On November 20, 2014, the First Department issued a decision in Matter of Kenneth Cole Products, Inc., 2014 NY Slip Op. 08105, holding that a going private transaction was subject only to business judgment rule. In Matter of Kenneth Cole Products, the plaintiff challenged a transaction by which a public corporation went private. The First… Read more »

Posted: November 23, 2014

Inflatable Rat Not Subject to a Preliminary Injunction

In Microtech Contracting Corp. v. Mason Tenders District Council of Greater New York, et al., 14 CV 4179 (EDNY, Oct. 24, 2014), Judge Joseph F. Bianco denied plaintiff’s motion for a preliminary injunction prohibiting defendants from displaying an inflatable rat in front of plaintiff’s job sites. Because the labor dispute related to the unions’ objection… Read more »

Posted: November 23, 2014

Out-of-State Medical Practice not Subject to Personal Jurisdiction in New York Based on Passive Website and Communications Initiated by the Plaintiff

On November 20, 2014, the Court of Appeals issued a decision in Paterno v. Laser Spine Inst., 2014 NY Slip Op. 08054, analyzing whether contacts with New York via the Internet were sufficient to create personal jurisdiction. In Paterno, the plaintiff brought a medical malpractice action against a Florida medical provider. The court described the… Read more »

Posted: November 22, 2014

Schlam Stone & Dolan Partner to be Panelist on ADR Ethics at NYSBA Meeting

On Thursday, January 29, 2015, Schlam Stone & Dolan LLP partner Erik S. Groothuis will be a panelist at the NYSBA Dispute Resolution Section & Corporate Counsel Section Annual Meeting. The title of the panel is “Nothing But the Truth? – Ethical Duties of Candor in ADR.” The “session will present an in-depth discussion of… Read more »