CHANGE OF VENUE PROCEDURES
- Aug 23 2019
The location of the place of trial ( or venue) of a legal proceeding in New York State is the location where the action is brought. The plaintiff, as the …
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Court Rules That The Public’s Right To Know Outweighs A Litigant’s Desire to Seal the Pleadings
- Aug 21 2019
There is a broad presumption that the public is entitled to access to judicial proceedings and court records. Mosallem v. Berenson, 76 A.D.3d 345, 348 (1st Dept. 2010); Mancheski v. …
Court Explains When A Continuing Wrong is a Continuing Wrong
- Aug 19 2019
Statutes of limitations are statutory mechanisms that limit the duration of a defendant’s liability for all types of alleged wrongdoing. Depending upon the circumstances, the statute of limitations can be …
Court Approves Settlement of Qui Tam Action Under New York’s False Claims Act Over the Objection of the Whistleblower
- Aug 16 2019
It has been some time since this Blog has written an article about whistleblowers and qui tam actions. Those articles typically involved lawsuits arising under the Federal False Claims Act …
Alleged Fraud, Undue Influence and Financial Exploitation Withstand Motion to Dismiss an Action Brought by the Charity of a Radio Pioneer
- Aug 14 2019
On July 15, 2019, New York Surrogate Nora Anderson denied, in part, a motion to dismiss the petition filed by Radio Drama Network, Inc. (“Radio Drama” or “Petitioner”), in which …
Court Finds Documentary Evidence Utterly Refutes Tenant’s Claim For Damages
- Aug 12 2019
In New York, Section 3211(a) of the Civil Practice Law and Rules (“CPLR”) provides the primary mechanism by which a party can make a motion, before a responsive pleading, to …
State Court Applies PSLRA Automatic Stay To 1933 Act Class Action Creating A Split Within the Commercial Division
- Aug 9 2019
On August 6, 2017, Justice Andrew Borrok of the Supreme Court, New York County, Commercial Division, decided In re Everquote, Inc. Securities Litigation, 2019 N.Y. Slip Op. 29242 (Sup. Ct., …
First Department Affirms Dismissal of Two Actions on Forum Non Conveniens Grounds
- Aug 7 2019
Forum non conveniens is a common law doctrine in which a court may dismiss an action where another forum would be better suited to adjudicate the matter. In New York, …
Breach of Contract and Broken Cookies with Fraud and Fiduciary Duty Sprinkles
- Aug 5 2019
There is almost nothing more frustrating, or potentially costlier, to a business than a dispute over the meaning of a contract. Such disputes can take many forms. It may be …
The Appellate Division, Fourth Department, Addresses The Distinction Between An Insurer’s Duty To Defend And Its Duty To Indemnify
- Aug 2 2019
Insurance policies typically provide that the insurer will “defend” its insured in the event of a lawsuit and “indemnify” its insured against liability resulting therefrom. The insurer’s duty to defend, …
