Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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March 29, 2023 Assignment Was Not Champertous
In a Decision and Order, dated March 1, 2023, in IKB Int’l S.A. v. Morgan Stanley, Index No. 653964/2012, Justice Melissa Crane granted in part and denied in part Morgan Stanley’s motion for summary judgment.  Schlam Stone & Dolan LLP represents Plaintiffs in this action.  Morgan Stanley argued, inter alia, that the assignment of claims to IKB AG was champertous.  The Court rejected this argument, explaining:  Read More
June 3, 2022 Discovery About Litigation Financing Not Relevant
On April 28, 2022, the First Department issued a decision in Worldview Entertainment Holdings, Inc. v. Woodrow, 2022 N.Y. Slip Op. 02891, holding that document demands concerning "litigation financing and witness payments" were not relevant to any claim or defense in the case, explaining: Read More
July 1, 2020 Funding Litigation Does Not Violate Champerty Statute
On June 11, 2020, the First Department issued a decision in Matter of Wimbledon Fund, SPC (Class TT)… Read More
June 10, 2020 Buying Distressed Debt to Collect on it Not Champerty
On April 23, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
October 31, 2016 Acquisition of Notes Champertous; Purchaser Lacks Standing to Assert Claims
On October 27, 2016, the Court of Appeals issued a decision in Justinian Capital SPC v. WestLB AG, 2… Read More
September 1, 2015 Court of Appeals Grants Leave To Appeal In Case Concerning “Safe Harbor” Exception To Champerty Statute
On August 27, 2015, the Court of Appeals granted leave to appeal in Justinian Capital SPC v. WestLB … Read More
May 30, 2015 Action Dismissed for Champerty
On May 21, 2015, the First Department issued a decision in Justinian Capital SPC v. WestLB AG, 2015 … Read More
September 1, 2014 Court Cites Champerty Law in Denying Motion to Substitute Parties
On August 19, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
March 2, 2014 Case Dismissed for Champerty
On February 24, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More