No Damages, No Claim, Problem
- Aug 3 2022
By: Jeffrey M. Haber It is axiomatic that a plaintiff cannot succeed on his or her cause of action if there are no provable damages. It is, therefore, important that …
Category: Breach of Fiduciary Duty
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Fraud, Group Pleading and Particularity
- Jul 13 2022
By: Jeffrey M. Haber In Yunjie Yang v. Knights Genesis Group, 2022 N.Y. Slip Op. 32126(U) (Sup. Ct., N.Y. County July 6, 2022) (here), the court was asked to consider …
Family Disputes and the Shareholder Derivative Action
- Mar 23 2022
By: Jeffrey M. Haber Family business disputes tend to be ugly, destructive, and protracted. For a case in point, we examine Max v. ALP, Inc., 2022 N.Y. Slip Op. 01969 …
Enforcement News: Former Race Team Owner and Investment Adviser Charged With Multimillion Dollar Fraud
- Apr 26 2021
In today’s installment of Enforcement News, this Blog examines, among other things, the fiduciary duties of investment advisers, in particular, the duty of loyalty. An investment adviser is a fiduciary, …
Breach of Fiduciary Duty: Time Bars, Tolling and the Continuing Wrong Doctrine
- Mar 29 2021
Although New York law does not provide for a single statute of limitations for breach of fiduciary duty or unjust enrichment claims, courts typically determine the applicable limitations period — …
Breach of Contract and the Faithless Servant Doctrine
- Mar 17 2021
Today, we examine Two Rivers Entities, LLC v. Sandoval, 2021 N.Y. Slip Op. 01527 (1st Dept. Mar. 16, 2021) (here), a case involving breach of contract and the faithless servant …
Court Addresses Various Claims By Minority Shareholder Allegedly Oppressed By The Actions of The Majority
- Sep 30 2020
In looking at the causes of action asserted in Kocak v. Dargin, 2020 N.Y. Slip Op. 33121(U) (Sup. Ct., N.Y. County Sept. 23, 2020) (here), one could walk away with …
Failure to Plead Statements of Present Fact, Among Other Deficiencies, Results in Dismissal of Fraud and Breach of Fiduciary Duty Claims
- Jun 17 2020
In today’s post we examine, SHIR Capital, LLC v. Fortress Credit Advisors LLC, 2020 N.Y. Slip Op. 31825(U) (Sup. Ct., N.Y. County June 11, 2020) (here), a case involving an …
Renewal Contracts, Breach of Fiduciary Duty and the Continuing Wrong Doctrine
- May 8 2020
Statutes of limitations limit the time within which a defendant can be held liability for all types of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations …
Court Dismisses Shareholder Derivative Action Because Plaintiffs Failed To Allege Demand Futility Under Delaware Law
- Apr 22 2020
It is well settled, and understood, that “the business and affairs of every corporation are managed by a board of directors.” Stone ex. re. AmSouth Bancorp. v. Ritter, 911 A2d …
