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

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April 1, 2021 Class Certification Denied Because Class Issues Did Not Predominate Over Individual Ones
On March 3, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Kale… Read More
November 2, 2020 New York Court of Appeals Recognizes Cross-Jurisdictional Class Action Tolling
On October 20, 2020, the Court of Appeals issued a decision in Chavez v. Occidental Chem. Corp., 202… Read More
September 21, 2020 Motion to Dismiss Under CPLR 3211 Not Proper Vehicle for Challenging Adequacy of Class Allegations
On September 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
March 12, 2019 Stipulation to Support Class Action Settlement Unenforceable
On February 14, 2019, the First Department issued a decision in Cohen v. Saks Inc., 2019 NY Slip O… Read More
February 14, 2018 Court Rejects Disclosure Only Class Action Settlement
On February 8, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
December 19, 2017 CPLR 908 Requirement for Class Notice and Court Approval Applies to Not-Yet-Certified Class Actions
On December 12, 2017, the Court of Appeals issued a decision in Desrosiers v. Perry Ellis Menswear, … Read More
April 3, 2017 Court Approves Disclosure-Only Class Action Settlement
On March 24, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
May 15, 2016 Notice of Impending Dismissal of Putative Class Action Required Even if Class Not Yet Certified
On May 12, 2016, the First Department issued a decision in Vasquez v. National Securities Corp., 201… Read More
May 12, 2016 Class Action Settlement Must Include Opt-Out Rights
On May 5, 2016, the Court of Appeals issued a decision in Jiannaras v. Alfant, 2016 NY Slip Op. 0354… Read More
November 9, 2015 Court Preliminarily Approves Class Certification and Settlement; Questions Fee Award
On October 27, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
October 30, 2015 Court Blasts Derivative Class Action Settlement
On October 23, 2015, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
October 13, 2015 Class Action Arbitration Waivers Signed After Litigation Begun Not Enforced
On October 8, 2015, the First Department issued a decision in Weinstein v. Jenny Craig Operations, I… Read More
May 6, 2015 Class Must be Certified Even When Named Plaintiff No Longer Has Claim
On May 1, 2015, Justice Kornreich of the New York County issued a decision in Vasquez v. National Se… Read More
May 4, 2015 First Department Affirms Denial of Class Certification
On April 28, 2015, the First Department issued a decision in Egan v. Telomerase Activation Sciences,… Read More
March 10, 2015 Court Certifies Class of Lien Law Beneficiaries
On February 24, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
January 11, 2015 Another Commercial Division Rejection of a Class Action Settlement
On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 6, 2015 Court Rejects Class Action Settlement
On December 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
November 12, 2014 Class Settlement Providing for a Fee Award to Plaintiff’s Counsel Approved Despite Lack of a Monetary Recovery or any Change in the Terms of the Deal
On October 22, 2014, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
October 3, 2014 Class Certification Denied for Failure to Submit Evidence Showing Numerosity
On September 5, 2014, Justice Bransten of the New York County Commercial Division issued a decision … Read More
September 13, 2014 Claim Involving Mandatory Statutory Penalties Cannnot be Brought as a Class Action
On September 10, 2014, the Second Department issued a decision in County of Nassau v. Expedia, Inc.,… Read More
July 27, 2014 Class Not Certified When Plaintiff's Evidence of Class Size is Insufficient
On June 24, 2014, Justice Platkin of the Albany County Commercial Division issued an opinion in Pica… Read More
June 30, 2014 Plaintiff may Waive Statutory Damages and Bring a Class Action Despite CPLR § 901(b)
On June 30, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
June 22, 2014 Class Counsel Awarded Reduced Fees
On June 13, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Schu… Read More
May 9, 2014 Failure Timely to File for Class Certification Mandates Denial of Certification
On April 30, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
December 21, 2013 Attempt To Certify Class Action by Tenants Injured By Hurricane Sandy Summarily Dismissed
On December 11, 2013, Justice Kornreich of the New York County Commercial Division issued a decision… Read More