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Posted: November 26, 2013
No Private Right of Action Against Banks Under the Exempt Income Protection Act
On October 26, 2013, we noted that on October 15, 2013, the Court of Appeals had heard argument in C… Read More
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Posted: November 25, 2013
Default Judgment Entered Against Defendant As Discovery Sanction
On November 8, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
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Posted: November 24, 2013
Leave to Re-Plead Already Dismissed Claims Denied
On November 12, 2013, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
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Posted: November 23, 2013
Jurisdictional Claims Survive But Only Jurisdictional Discovery Allowed
On November 20, 2013, the Second Department issued a decision in Goel v. Ramachandran, 2013 N.Y. Sli… Read More
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Posted: November 22, 2013
Defendant Sanctioned for Filing Inaccurate Note of Issue and Certificate of Readiness
On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: November 21, 2013
Laches Defense from Events of WWII Fails for Lack of Prejudice
On November 14, 2013, the Court of Appeals issued a decision in In re: Flamenbaum, Docket No. 178, h… Read More
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Posted: November 20, 2013
Work Product Protection Not Waived by Referring to Work Product in Complaint
On November 14, 2013, the First Department issued a decision in Assured Guaranty Municipal Corp. v. … Read More
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Posted: November 19, 2013
Second Circuit Certifies Question on Unfinished Business Doctrine to Court of Appeals
On November 15, 2013, the Second Circuit issued a decision in In re: Thelen LLP, Docket No. 12‐413… Read More
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Posted: November 18, 2013
Gross Negligence Claim Dismissed Based on Business Judgment Rule and Lack of Damages
On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More
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Posted: November 18, 2013
First Department Affirms Enforcement of Contractual Obligations to Advance Litigation Expenses
On November 14, 2013, the First Department issued a decision in TMR Bayhead Securities, LLC v. Aegi… Read More
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Posted: November 17, 2013
Contract-Related Claims Dismissed Despite Allegation that Provisions Were Added Surreptitiously or by Mistake
On November 14, 2013, the First Department issued a decision in VFS Fin. v. Insurance Servs. Corp.,… Read More
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Posted: November 16, 2013
Claim for Breach of NDA Allowed to Proceed While All Tort Claims Relating to the Alleged Breach Are Dismissed on the Pleadings
On November 7, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
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Posted: November 16, 2013
Decision Illustrates the Danger of Overreaching in Pleading
On November 7, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
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Posted: November 15, 2013
Shareholder Expulsion Provision Applied
On October 29, 2013, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: November 15, 2013
Condition Precedent Strictly Interpreted
On November 1, 2013, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
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Posted: November 14, 2013
Lease Clause Requiring Commercially Reasonable Efforts Strictly Construed Against Plaintiffs
On November 14, 2013, the Court of Appeals issued a decision in JFK Holding Company LLC v. City of N… Read More
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Posted: November 14, 2013
First Department Addresses Scope of the Judicial Proceedings Privilege
On November 12, 2013, the First Department issued a decision in Hadar v. Pierce, 2013 NY Slip Op. 07… Read More
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Posted: November 13, 2013
New York Shareholder Derivative Plaintiffs Must Plead With Particularity Why Board's Failure to Comply With Pre-Suit Demand Was Improper
On November 8, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
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Posted: November 12, 2013
Delaware Supreme Court Certifies Questions to New York Court of Appeals on "No Action" Clauses in Trust Indentures
On November 7, 2013, the Delaware Supreme Court issued a decision in Quadrant Structured Products Co… Read More
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Posted: November 12, 2013
Deponent not Required to Answer Questions About Legal Positions
Although our main focus is on Commercial Division opinions, many non-Commercial Division rulings wil… Read More
