It is not uncommon for parties in commercial transactions to include in their contracts a provision that limits the types of damages recoverable in the event of a breach. Typically, …
In prior posts, we examined the rules of contract formation. In our most recent post on the subject (here), we considered a case in which one of the issues before …
It is well settled that a plaintiff may not “dress up a breach-of-contract claim as a fraud claim.” Cohen v. Koenig, 25 F.3d 1168, 1173 (2d Cir. 1994) (internal quotation …
In Pizzarotti, LLC v. Phipps & Co., 2020 N.Y. Slip Op. 50696(U) (Sup. Ct., N.Y. County June 17, 2020) (here), Justice Gerald Lebovits of the Supreme Court, New York County, …
Just recently, we wrote about the importance of pleading fraud with particularity (here). As readers of this Blog know, when fraud is alleged, the plaintiff must plead the claim with …
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 …
What law should apply? In most cases, answering the question is more art than science. In contract cases, especially in complex commercial matters, the agreement at issue often (though not …
Pleading fraud with particularity is not easy. Sometimes the information needed to satisfy the requirement is peculiarly within the knowledge of the defendant. Other times, the information needed is found in lawsuits, …
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 misleading statement directly to …
On December 31, 2018, this Blog posted an article, titled “Court Dismisses Complaint Charging Misappropriation of Intellectual Property on Summary Judgment.” (Here.) The case that we examined in that article, …
