Choice of Law: Always a Thorny Issue
- Jun 15 2020
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 …
Category: Commercial Litigation
After Leave to Replead, Plaintiffs Plead Fraud With Particularity Sufficient to Withstand A Motion to Dismiss
- Jun 10 2020
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, …
Plaintiff’s Reliance on Third Party Insufficient to Establish Reliance Element of a Fraud Claim
- Jun 8 2020
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 …
Update: First Department Affirms Summary Judgment Dismissal of Misappropriation of Intellectual Property Claims
- Jun 5 2020
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, …
Plaintiff Fails to Provide Evidence of Fraudulent Intent in Bid to Obtain Prejudgment Order of Attachment
- Jun 3 2020
It has been a long time since this Blog examined a request for a pre-judgment order of attachment. (See here.) Today, we take another look at this provisional remedy. [Ed. …
PERSONAL GUARANTEES ARE CONTRACTS TO BE INTERPRETED PURSUANT TO THEIR PLAIN MEANING
- Jun 1 2020
It is an accepted principal of contract interpretation that “when parties set down their agreement in a clear, complete document, their writing should be enforced according to its terms.” Vermont …
Failure to Plead Loss Causation Spells Dismissal of Fraud, Negligent Misrepresentation and GBL 349(h) Claims
- May 28 2020
In prior posts (e.g., here and here), we have discussed the importance of pleading loss causation in fraud and fraud-related actions. Where causation is an issue, the cases show that …
FIRST DEPARTMENT REVERSES SPOLIATION SANCTIONS
- May 22 2020
Discovery, an important part of litigation, is designed to assist litigants in the prosecution or the defense of the claims being asserted in the action. For the litigation process to …
Court Grants Summary Judgment Dismissing Fraudulent Inducement Claim By An At-Will Employee
- May 20 2020
Successfully pleading a fraud-in-the-inducement claim in the context of an employment at will relationship is difficult, if not impossible. The reason, as is often the case in non-employment cases, has …
SECOND DEPARTMENT SIDES WITH COMMERCIAL LANDLORD AFTER IMPROPER ASSIGNMENT OF LEASE
- May 15 2020
In VRA Family Limited Partnership v. Salon Management USA, LLC, decided on May 6, 2020, the Appellate Division, Second Department, affirmed the motion court’s grant of summary judgment in favor …
