Blogs

Monthly Archives: December 2020

Posted: December 31, 2020

Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery

On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in H. Roske & Assoc., LP v. Burghart, 2020 NY Slip Op. 34220(U), holding that the statute of limitations on a claim for defamation runs from the date of the defamatory statement, not the date of discovery, explaining: Counterclaim... Read more »

Posted: December 28, 2020

Breach of Fiduciary Duty Claim Must Be Dismissed Where Duplicative of Breach of Contract Claim

On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in Rockmore v. Plastic Surgery Assoc., LLP, 2020 NY Slip Op. 51461(U), dismissing a breach of fiduciary duty claim as duplicative of a breach of contract claim because it was based on the breach of contractual. In Rockmore, Defendants were... Read more »

Posted: December 28, 2020

Parties Bound by Agreement to Beth Din Arbitration

On December 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Fein v. Berger, 2020 NY Slip Op. 34148(U), holding that litigants were required to arbitrate their dispute before a Beth Din, explaining: The parties dispute whether arbitration of disputes before the Beth Din is mandatory or merely permissive.... Read more »

Posted: December 27, 2020

FINRA Rules Held to Create Obligation to Arbitrate

On December 9, 2020, Justice Friedman of the New York County Commercial Division issued a decision in TD Ameritrade, Inc. v. Purshe Kaplan Sterling Invs., Inc., 2020 NY Slip Op. 34120(U), holding that the FINRA rules constituted an agreement to arbitrate, explaining: Under the FAA, arbitration is contractual by nature—a party cannot be required to... Read more »

Posted: December 26, 2020

Restrictions on Stock Transfer in Corporate By-Laws Did Not Bar Transfer By Will

On December 11, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Lambro Indus., Inc. v. Chai Found., Inc., 2020 NY Slip Op. 51470(U), holding that restrictions on stock transfers in corporate by-laws did not bar the transfer of stock by will, explaining: As a broad general principle, it may be... Read more »

Posted: December 25, 2020

Fraud Claims Dismissed for Failure to Perform Due Diligence

On December 15, 2020, the First Department issued a decision in MBF Clearing Corp. v. JPMorgan Chase Bank, N.A., 2020 NY Slip Op. 07504, dismissing fraud-based claims for lack of due diligence, explaining: The fraudulent misrepresentation claims do not allege justifiable reliance on the alleged misrepresentations. Plaintiff, a sophisticated party, could readily have determined for... Read more »

Posted: December 24, 2020

In re Aluminum Warehousing Antitrust Litigation: Update on Summary Judgment Briefing

In In re Aluminum Warehousing Antitrust Litigation, No. 13-MD-2481 (PAE) (S.D.N.Y.), briefing has been completed on defendants’ motion for summary judgment dismissing antitrust claims under the Sherman Act, 15 U.S.C. §1, et seq.  United States District Judge Paul A. Engelmayer held oral argument on December 11, 2020, and the motion is awaiting decision.  The transcript... Read more »