On February 24, 2022, the First Department issued a decision in Parlux Fragrances, LLC v. S. Carter Enters., LLC, 2022 NY Slip Op 01250, holding that the covenant of good faith and fair dealing applies where a party has discretion in how it performs a contractual duty . . . Continue reading Covenant of Good Faith and Fair Dealing Applies Where a Party Has Discretion in Performing Contract
On February 24, 2022, the First Department issued a decision in Endothelix, Inc. v. Vasomedical, Inc., 2022 NY Slip Op. 01240, upholding the denial of a motion for leave to amend the complaint to conform to the evidence because the delay in making that motion prejudiced the defendant . . . Continue reading Motion to Amend Pleadings to Conform to the Evidence Denied Because of Prejudicial Delay
U.S. Bank filed a TIP in Ramsey County, MN regarding a settlement of a put-back action relating to FFMER 2007-3. Here are the notice, settlement agreement and order setting a Zoom hearing for March 21. Anyone wanting to respond to the petition must do so no later than March 16. Continue reading FFMER 2007-3 TIP
On February 22, 2022, the First Department issued a decision in Matter of Ramirez v. Selective Advisors Group, LLC, 2022 NY Slip Op. 01134, explaining the procedure for appealing a decision that was not made in response to a motion made with proper notice . . . Continue reading Relief from a Decision Not Made in Response to a Motion on Notice is Appeal of a Subsequent Motion to Vacate
On Tuesday, April 19, 2022, the Court of Appeals will hear argument in ACE Securities v DB Structured Prods., (No. 34), APL-2020-126. Continue reading Upcoming Court of Appeals Argument of Interest to RMBS Investors
motion to dismiss and Plaintiffs’ subsequent filing of their Fourth Amended Complaint (take a look here), followed by a post summarizing the opening and opposition briefing on Defendants’ latest motion to dismiss (you’ll find that post here). Today, we’ll take a quick look at Defendants’ replies, along with Plaintiffs’ motion for a sur-reply and the resulting brief, and, finally, Defendants’ subsequent sur-sur-reply. Continue reading Benchmark Manipulation: SIBOR Update, Part III
On February 22, 2022, the First Department issued a decision in Innovative Concepts & Design, LLC v. AL Infinity, LLC, 2022 NY Slip Op. 01122, upholding a dispute resolution clause that gave a licensor the sole discretion to determine the scope of a license . . . Continue reading Court Upholds Dispute Resolution Clause Giving Licensor Sole Discretion to Determine Scope of License
On February 22, 2022, the First Department issued a decision in Delucca v. Hayfin Capital Holdings Ltd., 2022 NY Slip Op. 01119, holding that a “no bad faith” clause barred dismissal of a claim for the breach of the covenant of good faith and fair dealing . . . Continue reading No Bad Faith Clause Bars Dismissal of Good Faith and Fair Dealing Claim
