Posts Categorized: General Business Law

Posted: June 29, 2018

FTC Rule Does Not Preempt General Business Law Claims Against Broadband Providers

On June 21, 2018, the First Department issued a decision in People v. Charter Communications, Inc., 2018 NY Slip Op. 04644, holding that a Federal Trade Commission rule did not preempt General Business Law claims, explaining: This civil enforcement action alleges that in the marketing of broadband Internet service defendants have engaged and continue to... Read more »

Posted: January 15, 2018

New York Insurance Law Does Not Preempt Claim Against Insurer for “Deceptive Practices” under Section 349 of the General Business Law

On November 8, 2017, the Second Circuit issued a decision in Nick’s Garage, Inc. v. Progressive Casualty Ins. Co., Case No. 15-1426-cv, holding that Section 2601(a) of the New York Insurance Law, which prohibits insurers from “engag[ing] in unfair claim settlement practices,” but provides no private right of action, does not preempt a claim against... Read more »

Posted: October 1, 2016

Lanham Act/GBL Causes of Action Based on False Claim of Having Founded Company Dismissed

On September 13, 2016, Justice Oing of the New York County Commercial Division issued a decision in Dorfman v. Reffkin, 2016 NY Slip Op. 31719(U), dismissing Lanham Act and General Business Law counterclaims based on allegations that the defendant had falsely claimed to have been a company’s founder. In Dorfman, the Plaintiffs asserted claims against... Read more »

Posted: December 13, 2014

First Department Rules that GBL 239-c, Relating to Appraisals, Must be Narrowly Construed

On December 9, 2014, the First Department issued a decision in TOV Manufacturing, Inc. v. Jaco Import Corp., 2014 NY Slip Op. 08566, holding that appraisals of loose gemstones are not covered by GBL 239-c. In TOV Manufacturing, the trial court refused to dismiss a third party claim for violation of 239-c based on an... Read more »