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 »
Blogs
Monthly Archives: December 2020
A Remembrance of Judge David G. Trager: A Decade Since His Passing
By Solomon N. Klein, Litigation Partner The EDNY Blog rarely expresses sentiment – though every blog post is in fact an expression of respect for the Judges of the EDNY and our notion that the EDNY occupies a rightful place among the leading legal institutions in the country. This upcoming 13th of January will... Read more »
Gross Negligence Claims Cannot Overcome Sole Remedy Clause
On December 22, 2020, the Court of Appeals issued a decision in Matter of Part 60 Put-Back Litig., 2020 NY Slip Op. 07687, holding that gross negligence claims could not overcome the damages limitations in a sole remedy clause, explaining: In New York, contractual exculpatory clauses intended to insulate a party from liability for its... Read more »
Prevention Doctrine Bars Defendant’s Reliance on its Own Failure to Perform
On December 22, 2020, the First Department issued a decision in Vector Media, LLC v. Golden Touch Transp. of NY, Inc., 2020 NY Slip Op. 07733, holding that the prevention doctrine barred a defendant from relying on the failure of a contract condition it caused, explaining: If a promisor himself is the cause of the... Read more »
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 »
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 »
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 »
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 »
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 »
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 »