On December 30, 2021, Justice Schecter of the New York County Commercial Division issued a decision in My Size, Inc. v. North Empire LLC, 2021 NY Slip Op. 32829(U), holding that questions of fact precluded summary judgment on an affirmative defense of waiver . . . Continue reading Questions of Fact Preclude Summary Judgment on Waiver Defense
WWhen we last wrote about In re Aluminum Warehousing Antitrust Litigation (Direct Purchaser Plaintiffs), Index No. No. 14-cv-3116-PAE (S.D.N.Y.), United States District Judge Paul A. Engelmayer had recently denied class certification. (See post here.) In this post, we will be doing a quick catch-up on last years’ decision on Defendants’ motion for summary judgment against claims brought by the Individual Purchaser (“IPs”) and First Level Purchaser Plaintiffs (“FLPs” and the subsequent briefing of the still-pending appeal. Continue reading Aluminum Warehousing Antitrust Litigation Update
On January 6, 2022, the First Department issued a decision in Morgan & Mendel Genomics, Inc. v. Amster Rothstein & Ebenstein, LLP, 2022 NY Slip Op. 00048, holding that a client’s claim against its lawyers for failing timely to file a patent application accrues when the client’s application becomes untimely . . . Continue reading Client’s Claim Against its Lawyers for Failing Timely to File a Patent Application Accrues When the Client’s Application Becomes Untimely
On December 27, 2021, Justice Schecter of the New York County Commercial Division issued a decision in Resorts Group, Inc. v. Cerberus Capital Mgt., L.P., 2021 NY Slip Op. 32797(U), holding that a parent entity cannot be liable for tortious interference when the parent, motivated by economic incentives to protect its interest in its subsidiary, causes its subsidiary to breach a contract . . . Continue reading Parent not Liable for Tortious Interference When It Causes Subsidiary to Breach to Protect its Interest in its Subsidiary
On December 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in 100 & 130 Biscayne LLC v. EE NWT OM, LLC, 2021 NY Slip Op. 32775(U), dismissing a fraudulent inducement claim based on predictions, expectations and future performance . . . Continue reading Fraudulent Inducement Claim Based on Predictions, Expectations, and Future Performance Dismissed
On February 8, 2022, the Court of Appeals will hear reargument in U.S. Bank National Association v DLJ, APL-2020-18. The case issue statement describes the issues as: Contracts–Breach or Performance Continue reading Court of Appeals to Hear Reargument in U.S. Bank v. DLJ
On December 23, 2021, Justice Masley of the New York County Commercial Division issued a decision in Bldg 44 Devs. LLC v. Pace Cos. N.Y., LLC, 2021 NY Slip Op. 32777(U), holding that a plaintiff cannot sue under an unregistered fictitious name . . . Continue reading Plaintiff Cannot Sue Under an Unregistered Fictitious Name
Relying on the Second Circuit’s October 2021 decision in Phoenix Light v. U.S. Bank, which held that Phoenix Light lacked standing to sue U.S. Bank, the S.D.N.Y. dismissed Phoenix Light’s Continue reading Phoenix Light v. BoNYM Dismissed for Lack of Standing
We’ve covered In re Mexican Government Bonds Antitrust Litigation, 18-cv-02830 (In re MGB) pretty extensively in the past so we thought it was appropriate to share one more post to wrap up our discussions of the settlements, and where the case goes from here. Continue reading Mexican Government Bonds Antitrust Litigation – Updates on Settlement and Reconsideration Motion
On December 16, 2021, the First Department issued a decision in Newmark Partners, L.P. v. Hunt, 2021 NY Slip Op. 07065, holding that a noncompetition agreement that was reasonably limited in time and scope was enforceable . . . Continue reading Non-Compete Agreement Limited in Time and Scope Found to be Enforceable
