Arguments the week of January 5, 2015 in the Court of Appeals that may be of interest to commercial litigators.
- No. 3: Elmaliach v. Bank of China Limited (considering whether plaintiffs’ claims against a Chinese bank for transferring funds used to finance terrorist attacks in Israel are governed by Israeli law, under which a bank can be liable for torts committed by its customers against non-customers, or New York or Chinese law, which recognizes no such liability). The First Department decision is available here.
- No. 5: BDC Finance L.L.C. v. Barclays Bank PLC (interpreting a Delivery of Collateral provision in contracts governing a derivatives transaction). The First Department decision is available here.