On April 14, 2022, the First Department issued a decision in Gottwald v. Sebert, 2022 NY Slip Op. 02492, holding that a party should not have been allowed to present at trial a document that it had withheld as privileged during discovery . . . Continue reading Party Not Allowed to Present at Trial Document it had Withheld as Privileged During Discovery
On April 12, 2022, the First Department issued a decision in Board of Mgrs. of 150 E. 72nd St. Condominium v. Vitruvius Estates LLC, 2022 NY Slip Op. 02358, denying a motion for summary judgment because the movant failed to submit an affidavit based on personal knowledge of the relevant facts . . . Continue reading Summary Judgment Denied Due to Failure to Submit Affidavit Attesting to Personal Knowledge of the Relevant Facts
On April 8, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2022 NY Slip Op. 50252(U), holding that the Dead Man’s Statute did not bar testimony about an alleged contract . . . Continue reading Dead Man’s Statute Does Not Bar Testimony About Alleged Contract
On April 8, 2022, Justice Walsh of the Westchester County Commercial Division issued a decision in, Lobel v. CCAP Auto Lease, Ltd., 2022 NY Slip Op. 50256(U), holding that the FAA preempts the contrary GBL provision exempting consumer transactions from the reach of mandatory arbitration clauses . . . . Continue reading FAA Preempts GBL Provision Exempting Consumer Transactions from Mandatory Arbitration
On Tuesday, April 19, 2022, the Court of Appeals will hear argument in ACE Securities v. DB Structured Prods. (No. 34), APL-2020-126. Argument is scheduled to begin at 2:00 PM New York time and can be viewed on the Court of Appeals website. Continue reading Oral Argument in ACE Securities v. DB Structured Prods
On April 14, 2022, the First Department issued a decision in Jeremias v. Toms Capital LLC, 2022 NY Slip Op. 02495, reinstating a claim for breach of the covenant of good faith and fair dealing because of a question of fact regarding the terms to which the parties agreed . . . Continue reading Covenant of Good Faith Claim Reinstated Because of Question Over Contract’s Terms
On March 10, 2022, Justice Crane of the New York County Commercial Division issued a decision in Phone Admin. Servs. Inc. v. Verizon N.Y., Inc., 2022 NY Slip Op. 30814(U), holding that a qui tam action was not subject to the public disclosure bar . . . Continue reading Qui Tam Action Not Subject to Public Disclosure Bar
On April 6, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in HK Ventures LLC v. Hason, 2022 NY Slip Op. 50260(U), dismissing counterclaims seeking equitable relief because there was an adequate remedy at law . . . Continue reading Counterclaims Seeking Equitable Relief Dismissed Because There Was an Adequate Remedy at Law
On April 11, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Alesco Preferred Funding VIII, Ltd. v. ACP RE, Ltd., 2022 NY Slip Op. 50258(U), holding that creditor could not assert a breach of fiduciary duty claim under Delaware law . . . Continue reading Creditors Do Not Have Standing to Bring a Breach of Fiduciary Claim Under Delaware Law
Back in February, we posted an update on the high frequency trading litigation, covering the motion for class certification recently filed in the multi-district litigation. Today, we’re here with a quick update on a recent decision, this time on Defendant’s Rule 56 motion for summary judgment on the ground that Plaintiffs lack Article III standing. Defendants simultaneously moved to exclude the expert testimony on which Plaintiffs relied to prove standing. The court granted both motions, stating that “Plaintiffs have not put forward evidence from which a jury could reasonably conclude they have suffered an injury in fact that is fairly traceable to the Exchanges’ sale of these products and services[.]” Continue reading Trickery in High-Frequency Trading: Part 4
