Monthly Archives: November 2018

Posted: November 29, 2018

Party That Did Not Sign Agreement With Arbitration Provision Not Required to Arbitrate Even Though it Benefited from the Contract

On November 14, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in IQVIA RDS Inc. v. Eisai Co. Ltd,  2018 NY Slip Op. 32923(U), holding that a party who did not sign an agreement with an arbitration clause was not required to arbitrate, explaining: IQVIA cannot be bound by the Collaboration... Read more »

Posted: November 28, 2018

Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal

On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleum Mktg., Inc., 2018 NY Slip Op. 08076, holding that a trial court erred in revisiting its earlier decision that had been affirmed on appeal, explaining: Plaintiffs are correct that our affirmance of the prior judgment awarding prejudgment interest... Read more »

Posted: November 27, 2018

Schlam Stone Announces the Launch of the Same-Day Justice Program

Schlam Stone & Dolan LLP is pleased to announce the launch of the Same-Day Justice Program, an arbitration service where participants can participate in an evidentiary hearing and receive a decision in their case that same day. The Same-Day Justice Program is designed to give parties with disputes in the $50,000-$500,000 range an efficient and... Read more »

Posted: November 26, 2018

Joint Venture’s Controlling Shareholder Liable for Aiding and Abetting Manager’s Breach of Fiduciary Duty

On October 22, 2018, Justice Ramos of the New York County Commercial Division issued a decision in U-Trend N.Y. Inv. L.P. v. US Suite LLC, 2018 NY Slip Op. 32894(U), holding the controlling shareholder of a joint venture liable for aiding and abetting a manager’s breach of fiduciary duty by failing to take action to... Read more »

Posted: November 23, 2018

Parties That Signed Agreement on Behalf of Non-Existent Entities Personally Bound By Contract

On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in Olympus Am. Inc. v. Greene House Surgicare, 2018 NY Slip Op. 32874(U), holding that parties who signed an agreement on behalf of non-existent entities were personally bound by the agreement, explaining: Under well-established agency law, a contract between individuals... Read more »