Blogs

Monthly Archives: October 2019

Posted: October 19, 2019

Commercial Reasonableness of Creditor’s Auction Disposing of Collateral Created Issue of Fact Regarding Damages

On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Capital One Equip. Fin. Corp. v. Rami Cab Corp., 2019 NY Slip Op. 32934(U), holding that the commercial reasonableness of a creditor’s auction disposing of collateral created an issue of fact regarding damages, explaining: As to plaintiffs entitlement... Read more »

Posted: October 18, 2019

Class Action Asserting Federal Antitrust Claims Did Not Toll State Antitrust Claims

On March 29, 2019, Judge Wilson of the Bergen County Superior Court (Law Division) issued a decision in Mercedes-Benz USA, LLC, v. Nippon Yusen Kabushiki Kaisha, Docket No. BER-L-6325-18, holding that a class action asserting federal antitrust claims did not toll state antitrust claims, explaining: MBUSA argues that the filing of federal Clayton Act claims... Read more »

Posted: October 17, 2019

Upcoming Arguments in the Court of Appeals in October 2019

Upcoming argument in the Court of Appeals in October 2019 that may be of interest to commercial litigators: Deutsche Bank v Barclays Bank; Deutsche Bank v HSBC Bank USA APL-2018-00169 (Limitation of Actions—What Statute Governs–Whether plaintiff trustee’s breach of contract claims were barred by California’s four-year statute of limitations, pursuant to the borrowing statute of... Read more »

Posted: October 17, 2019

Broad Arbitration Clause Covers Claims Arising in Contract, Quasi-Contract and Tort

On October 4, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Broumand v. Abbot, 2019 NY Slip Op. 32938(U), holding that a broad arbitration clause covered claims arising in contract, quasi-contract and tort, explaining: The Federal Arbitration Act (FAA) applies because Broumand’s claims involve interstate commerce. Matters concerning companies’... Read more »

Posted: October 15, 2019

Plaintiff May Not Move to Amend Complaint After Complaint Has Been Dismissed

On October 1, 2019, the First Department issued a decision in Tanner v. Stack, 2019 NY Slip Op. 07039, holding that a plaintiff may not move to amend a complaint after that complaint has been dismissed, explaining: By the time plaintiff moved for leave to amend, the original complaint had already been dismissed; hence, there... Read more »

Posted: October 14, 2019

Faithless Servant Claim Requires Defendant to Have Acted Directly Against Employer’s Interests as in Embezzlement, Improperly Competing or Usurping Business Opportunities

On October 1, 2019, the First Department issued a decision in Bluebanana Group v. Sargent, 2019 NY Slip Op. 07014, holding that a faithless servant claim requires that the employee-defendant acted directly against the employer’s interests, explaining: Plaintiffs have failed to state a cognizable claim for breach of the duty of loyalty, which requires the... Read more »

Posted: October 13, 2019

Fraud Claim Cannot be Based on Alleged Intention Not to Perform Contract

On September 25, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in Roy Food & Wine LLC v. Meregalli, 2019 NY Slip Op. 32875(U), dismissing a fraud claim based on an alleged misrepresentation of an intention to perform a contract, explaining: To state a cause of action for fraud, a... Read more »

Posted: October 12, 2019

Court Dismisses Federal Securities Fraud Claims

On September 26, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Matter of Densply Sirona, Inc. v. XXX, 2019 NY Slip Op. 32849(U), dismissing federal securities fraud claims, explaining: I find that Plaintiffs’ statements concerning competition and the scope and prospects of Dentsply’s and Sirona’s business are expressions of... Read more »