Wills, Promises to Perform, Representations to Third Parties and Loss Causation
- Dec 8 2021
By: Jeffrey M. Haber As readers of this Blog know, one of the elements of a fraud claim is reliance. In the typical case, the defendant makes a false or …
By: Jeffrey M. Haber As readers of this Blog know, one of the elements of a fraud claim is reliance. In the typical case, the defendant makes a false or …
By Jeffrey M. Haber As readers of this Blog know, to recover damages for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false …
By: Jeffrey M. Haber On June 5, 2017, the U.S. Supreme Court held that claims for disgorgement imposed as a sanction for violation of the federal securities laws must be …
By: Jeffrey M. Haber In past articles, we have discussed the necessity of pleading the “who”, “what”, “when” and “how” of an alleged fraud. See, e.g., here. In many respects, …
By: Jeffrey M. Haber Earlier this month, we wrote about how courts enforce contracts that are clear and unambiguous. The title of the article, “Contracts That Say What They Mean, …
By: Jeffrey M. Haber In today’s article, we consider a case in which, as the title indicates, timing is everything. Before we discuss the case, let’s consider the following scenario. …
By: Jeffrey M. Haber The doctrines of res judicata and collateral estoppel embody related but distinct concepts. They both stand for the general proposition that a party to a litigation …
By: Jeffrey M. Haber In New York, contracts are to be construed in accordance with the parties’ intent.1 “The best evidence of what parties to a written agreement intend is …
By: Jeffrey M. Haber A forum selection clause is a contractual provision that sets forth the location designated by the parties for dispute resolution. Such clauses can be found in virtually …
By Jeffrey M. Haber In Aybar v. Aybar, 2021 N.Y. Slip Op. 05393 (Oct. 7, 2021) (here), the New York Court of Appeals was asked to determine whether a foreign …