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Daily Archives: Friday, September 17, 2021

Posted: September 17, 2021

No-Action Provisions Did Not Mandate Dismissal Of Plaintiffs’ Claims

On August 16, 2021, Justice Joel M. Cohen issued a decision in Audax Credit Opportunities Offshore Ltd. v TMK Hawk Parent, Corp., 2021 NY Slip Op 50794(U), holding that No-Action provisions did not mandate dismissal of Plaintiffs’ claims.  The Court concluded: [N]o-action clauses typically are “not unenforceable as violative of public policy, given [their] salutary... Read more »