Holy Escheat
- Sep 18 2017
Black’s Law Dictionary has defined “escheat” as “[a] reversion of property to the state in consequence of a want of any individual competent to inherit.” Many people are aware that …
Blog
Plaintiff Fails To Submit Evidence Supporting The Return Of Funds In Money Had And Received Case
- Sep 15 2017
The claim of assumpsit (from the Latin indebitatus assumpsit) was “developed to redress circumstances involving unjust enrichment or to ‘prevent a man from retaining the money of, or some benefit …
Financial Exploitation Of Seniors And Vulnerable Adults Continues To Be A Growing Concern
- Sep 13 2017
In prior posts, this Blog has written about the financial exploitation and abuse of vulnerable adults. (Here, here and here.) Late last month, CNBC ran a story about this growing …
Radio Sports Talk Show Host And An Investment Adviser In The Crosshairs Of The Sec For Perpetrating Ponzi Schemes
- Sep 11 2017
Ponzi schemes seem to be in vogue lately. Last week the Securities and Exchange Commission (“SEC”), and the Department of Justice, announced the filing of two enforcement and criminal proceedings …
Court Holds No Breach Of Implied Covenant Of Good Faith And Fair Dealing Where Defendant Does Not Thwart The Performance Of The Contract
- Sep 5 2017
Implicit in every contract is a covenant of good faith and fair dealing. New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308, 318 (1995). “The covenant is breached where …
Issues Of Fact Preclude Dismissal Of Claim For Judicial Dissolution Of LLC
- Sep 1 2017
Previously, this Blog considered the rules for judicial dissolution of a limited liability company (“LLC”). Here. A brief reminder follows below. Under Section 702 of New York’s Limited Liability Company …
Jonathan Freiberger, Jeffrey Haber Launch New Firm Serving Litigation, Counseling Needs of Businesses, Individuals
- Sep 1 2017
Melville, NY (Law Firm Newswire) August 31, 2017 – Freiberger Haber LLP to leverage more than 50 years of combined experience in delivering results oriented, client-centric representation to corporations, small businesses, …
Troubles Continue to Mount for Wells Fargo & Co.
- Aug 30 2017
In July, this Blog wrote about the settlement in connection with Wells Fargo & Co.’s phony accounts scandal that will require the bank to pay millions of dollars to aggrieved …
Pension Funds Sue Big Banks Over Stock Lending Abuses
- Aug 28 2017
The hits keep coming for money center banks, such as Goldman Sachs, JP Morgan Chase and others, as three U.S. pension funds have filed a class action lawsuit over alleged …
Former Customer Bets On The Wrong Business Deal
- Aug 25 2017
When disputes arise over the meaning of a contract or a clause within a contract, courts are called upon to interpret the agreement to give it meaning. Courts in textualist …
