Former Customer Bets On The Wrong Business Deal
- Aug 25 2017
When disputes arise over the meaning of a contract or a clause within a contract, courts are called upon to interpret the agreement to give it meaning. Courts in textualist …
Posts Tagged ‘ Commercial Litigation ’
Court Excludes Parol Evidence Where Contract Is Complete, Clear And Unambiguous
- Aug 21 2017
The foundation of virtually every business and commercial transaction is a contract. Indeed, it is hard to imagine any transaction for the purchase or sale of goods, the merger or …
Government Contractors Beware: Failure To Comply With Contractual Notice And Reporting Provisions Can Cost You Money
- Aug 4 2017
Notice and reporting requirements in public contracts are common in public works projects. They provide public agencies with timely notice of deviations from budgeted expenditures or of any supposed malfeasance, …
Bad Faith Conduct Supports A Claim For Breach Of The Implied Covenant Of Good Faith And Fair Dealing
- Aug 2 2017
It is well settled that “[e]very contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement.” Restatement (Second) of Contracts § …
Court Rules That The Failure To Read An Insurance Policy Does Not Bar A Claim For Failure To Obtain Insurance
- Jul 26 2017
No one likes to read fine print or lengthy agreements. Anyone buying insurance, for example, knows this to be so. In fact, a 2016 car insurance TV commercial by Liberty …
Plaintiffs Can Go Forum Shopping After All
- Jul 24 2017
Earlier this month, Judge Richard J. Sullivan of the Southern District of New York dismissed a federal claim at the plaintiffs’ request, despite the defendants’ argument that the plaintiffs were …
Corporate Veil Pierced Due To Fraud On Creditor
- Jul 20 2017
Although courts will pierce the corporate veil “to prevent fraud or achieve equity,” Morris v. N.Y. State Department of Taxation & Finance, 82 N.Y.2d 135, 140 (1993) (quoting Int’l Aircraft …
Heightened Pleading Standard For Tortious Interference With Contract Too Difficult to Overcome For Aggrieved Company
- Jun 21 2017
Since the early 1900s, tortious interference with contractual relations has been a viable cause of action in New York. E.g., S.C. Posner Co. v. Jackson, 223 N.Y. 325, 332 (1918); …
Email Correspondence Concerning The Sale Of Real Estate Not Enough To Satisfy The Statute Of Frauds
- Jun 16 2017
The New York Statute of Frauds provides that “[a] contract for the . . . the sale, of any real property, or an interest therein, is void unless the contract …
Does An Agreement Really Have To Be In Writing?
- May 17 2017
Attorneys are often asked whether an oral agreement is enforceable. Most will say that the answer depends on the law and the facts surrounding the agreement. As an initial matter, …
