Section 11 Plaintiff Not Required to Plead or Prove Loss Causation; Court Rejects Negative Causation Defense
Commercial Case Notes / Securities

Section 11 Plaintiff Not Required to Plead or Prove Loss Causation; Court Rejects Negative Causation Defense

On November 17, 2022, the First Department issued a decision in Kohl v. Loma Negra Compania Indus. Argentina S.A., 2022 NY Slip Op. 06553, holding that a Section 11 plaintiff was not required to plead or prove loss causation and rejecting a negative causation defense . . . Continue reading Section 11 Plaintiff Not Required to Plead or Prove Loss Causation; Court Rejects Negative Causation Defense

Making Mortgage Payments is an Acknowledgement of a Debt That Restarts the Running of the Statute of Limitations
Commercial Case Notes / Statute of Limitation/Laches

Making Mortgage Payments is an Acknowledgement of a Debt That Restarts the Running of the Statute of Limitations

On November 17, 2022, the Court of Appeals issued a decision in Federal Natl. Mtge. Assn. v. Jeanty, 2022 NY Slip Op. 06539, holding that making mortgage payments is an acknowledgement of a debt that restarts the running of the statute of limitations . . . Continue reading Making Mortgage Payments is an Acknowledgement of a Debt That Restarts the Running of the Statute of Limitations

Breach of Fiduciary Duty Claim Relating to Escrow Account not Duplicative of Legal Malpractice Claim
Commercial Case Notes / Fiduciaries / Professional Malpractice

Breach of Fiduciary Duty Claim Relating to Escrow Account not Duplicative of Legal Malpractice Claim

On November 9, 2022, the Second Department issued a decision in Zi Kuo Zhang v. Lau, 2022 NY Slip Op. 06287, holding that a breach of fiduciary duty claim relating to an escrow account was not duplicative of a legal malpractice claim . . . Continue reading Breach of Fiduciary Duty Claim Relating to Escrow Account not Duplicative of Legal Malpractice Claim

Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Criminal or Tortious Conduct
Commercial Case Notes / Tortious Interference

Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Criminal or Tortious Conduct

On November 3, 2022, the First Department issued a decision in Taxi Tours Inc. v. Go N.Y. Tours, Inc., 2022 NY Slip Op. 06186, holding that a tortious interference with prospective business relations claim failed for lack of allegations of conduct amounting to a crime or an independent tort . . . Continue reading Tortious Interference with Prospective Business Relations Claim Fails for Lack of Allegations of Criminal or Tortious Conduct

Legal Malpractice Complaint’s Allegations Did Not Waive Privilege in Related Action
Commercial Case Notes / Privilege/Work Product

Legal Malpractice Complaint’s Allegations Did Not Waive Privilege in Related Action

On November 1, 2022, the First Department issued a decision in 2138747 Ontario Inc. v. Lehman Bros. Holdings, Inc., 2022 NY Slip Op. 06087, holding that the allegations in a legal malpractice complaint did not waive the attorney-client privilege in a related action . . . Continue reading Legal Malpractice Complaint’s Allegations Did Not Waive Privilege in Related Action