May 2022 – Page 4 – Lundin PLLC

Submitting FOREX Trading Quotes to New York-Based Services Insufficient Basis for Personal Jurisdiction

Commercial Case Notes / Personal Jurisdiction

Submitting FOREX Trading Quotes to New York-Based Services Insufficient Basis for Personal Jurisdiction

On April 13, 2022, Justice Crane of the New York County Commercial Division issued a decision in State of Qatar v. First Abu Dhabi Bank PJSC, 2022 NY Slip Op. 22113, holding that submitting FOREX trading quotes to New York-based services was an insufficient basis for asserting personal jurisdiction in New York . . . Continue reading Submitting FOREX Trading Quotes to New York-Based Services Insufficient Basis for Personal Jurisdiction

Court Denies Motion to Dismiss Document Defect Claims Against Trustee

ABS Update / Claims Against Trustees

Court Denies Motion to Dismiss Document Defect Claims Against Trustee

On May 2, 2022, Justice Borrok of the New York County Commercial Division issued a decision in Finkelstein v. U.S. Bank, denying U.S. Bank’s motion to dismiss in its entirety . . . Continue reading Court Denies Motion to Dismiss Document Defect Claims Against Trustee

Merger Clause Defeats Argument Based on Parties’ Course of Dealing

Commercial Case Notes / Contracts

Merger Clause Defeats Argument Based on Parties’ Course of Dealing

On April 20, 2022, the Second Department issued a decision in Klein v. Signature Bank, Inc., 2022 NY Slip Op. 02536, holding that a merger clause defeated an argument based on the parties’ course of conduct . . . Continue reading Merger Clause Defeats Argument Based on Parties’ Course of Dealing

The London Silver Plaintiffs File Their Opposition To Defendants’ Schwab II Motion

Benchmark Rate Manipulation / Commodities Market Manipulation / Manipulation Monitor

The London Silver Plaintiffs File Their Opposition To Defendants’ Schwab II Motion

The London Silver plaintiffs argue that privity of contract should not be required for antitrust standing when the parties traded on an exchange. Continue reading The London Silver Plaintiffs File Their Opposition To Defendants’ Schwab II Motion

Defamation Claim Dismissed for Failure to Allege Exact Words Used

Commercial Case Notes / Defamation

Defamation Claim Dismissed for Failure to Allege Exact Words Used

On April 19, 2022, the First Department issued a decision in Gardner v. Virtuoso Ltd, 2022 NY Slip Op. 02508, dismissing a defamation claim . . . Continue reading Defamation Claim Dismissed for Failure to Allege Exact Words Used

Breach of Fiduciary Duty Claim Dismissed as Duplicative of Breach of Contract Claim

Commercial Case Notes / Contracts / Fiduciaries

Breach of Fiduciary Duty Claim Dismissed as Duplicative of Breach of Contract Claim

On March 10, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lengyel- Fushimi v Bellis, 2022 NY Slip Op 30809(U), dismissing a breach of fiduciary duty claim as duplicative of a breach of contract claim . . . Continue reading Breach of Fiduciary Duty Claim Dismissed as Duplicative of Breach of Contract Claim

Claim for Reformation of a Contract Survives Dismissal Based on Allegations of Insured’s Inexperience

Commercial Case Notes / Contracts / Insurance

Claim for Reformation of a Contract Survives Dismissal Based on Allegations of Insured’s Inexperience

On March 15, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Vashovsky v. Zablocki, 2022 NY Slip Op 30861(U), allowing the addition of a claim for reformation based on allegations of the insured’s inexperience . . . Continue reading Claim for Reformation of a Contract Survives Dismissal Based on Allegations of Insured’s Inexperience