Champerty and Fraud . . . What a Combination!
- Mar 8 2023
By: Jeffrey M. Haber It is not often that we examine a case involving a cause of action for champerty. The last time we did so was on April 23, …
Category: Business Litigation
Publicly Available Information Negates Fraudulent Concealment Claim
- Mar 1 2023
By: Jeffrey M. Haber In 228 W. 72 LLC v. 228A W. 72 LLC, 2023 N.Y. Slip Op. 01057 (1st Dept. Feb. 28, 2023) (here), the Appellate Division, First Department …
New York Court of Appeals Addresses Specific Jurisdiction, Holding That Defendant Purposefully Availed Itself of The Protections of New York Law
- Feb 15 2023
By: Jeffrey M. Haber On February 14, 2023, the New York Court of Appeals decided State of New York v. Vayu, Inc., 2023 N.Y. Slip Op. 00801 (Feb. 14, 2023) …
Scrivener’s Error and Mutual Mistake
- Feb 13 2023
By: Jeffrey M. Haber As readers of this Blog know, to form a contract, the following elements must be present: an offer, acceptance of the offer, consideration, mutual assent (or …
Failure to Consider Theories Raised by Plaintiff in Prior Action Spells Denial of Dismissal of Second Action on Res Judicata Grounds
- Feb 8 2023
By: Jeffrey M. Haber Previously, this Blog has examined the doctrine of res judicata (here and here). Under the doctrine, a party may not litigate a claim where a judgment on the …
Breach of Contract: Repudiation and Abandonment
- Feb 1 2023
By Jeffrey M. Haber Under New York law, a party’s termination of a contract is ineffective when the contract provides for notice and an opportunity to cure, and notice was …
When is a Term Sheet Binding? When the Parties Say So
- Jan 30 2023
By: Jeffrey M. Haber Parties to commercial transactions are no doubt familiar with “term sheets”, “letters of intent”, “memoranda of understanding” and “agreements in principle”. As the parties to these …
“Wayward and Unruly Agent” Found To Forfeit All Compensation Under The Faithless Servant Doctrine
- Jan 25 2023
By: Jeffrey M. Haber The faithless servant doctrine1 provides that an employee who is faithless in the performance of their duties (i.e., breaches their duty of loyalty to the employer) …
Omission Case Dismissed Because Defendants Had No Duty to Disclose
- Jan 23 2023
By: Jeffrey M. Haber Typically, when a plaintiff claims to have been defrauded, he/she typically argues that the defendant made an affirmative misrepresentation of fact. Fraud does not, however, always …
The Many Facets of a Fraudulent Inducement Claim
- Jan 11 2023
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
