Fraud Claim Fails Because of, Among Things, Failure Adequately to Allege Justifiable Reliance on the Alleged Misrepresentations
Commercial Case Notes

Fraud Claim Fails Because of, Among Things, Failure Adequately to Allege Justifiable Reliance on the Alleged Misrepresentations

On September 29, 2026, the First Department issued a decision in Murphy v. PHG Funding LLC, 2026 NY Slip Op 05482, holding that a fraud claim failed because, among other things, of the failure adequately to allege justifiable reliance on the alleged misrepresentations . . . Continue reading Fraud Claim Fails Because of, Among Things, Failure Adequately to Allege Justifiable Reliance on the Alleged Misrepresentations

First Department Recognizes, But Does Not Decide, Unsettled Question of Veil Piercing in Limited Partnerships
Commercial Case Notes / Veil Piercing/Alter Ego

First Department Recognizes, But Does Not Decide, Unsettled Question of Veil Piercing in Limited Partnerships

On September 24, 2026, the First Department issued a decision in Matter of UBS Sec. LLC v. Dondero, 2026 NY Slip Op. 05460, recognizing, but not deciding, the question of veil piercing in limited partnerships . . . Continue reading First Department Recognizes, But Does Not Decide, Unsettled Question of Veil Piercing in Limited Partnerships

Agreement’s Indemnification Provision Fails to Meet Hooper’s High Hurdle for Inter-Party Indemnification
Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Agreement’s Indemnification Provision Fails to Meet Hooper’s High Hurdle for Inter-Party Indemnification

On September 22, 2026, the First Department issued a decision in Aurelius Capital Master Ltd. v. Hertz Intl. Ltd., 2026 NY Slip Op. 05369, holding that an agreement’s indemnification provision failed to meet Hooper’s high hurdle for inter-party indemnification . . . Continue reading Agreement’s Indemnification Provision Fails to Meet Hooper’s High Hurdle for Inter-Party Indemnification