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You may be wondering what valuable, relevant lessons can possibly be gleaned by a small business with a comparatively simple breach of contract matter from the Bhopal disaster (remember that environmental disaster from years ago?). The answer is, quite a bit. For one thing, in Sahu v. Union Carbide, a New York federal judge recently [...]
Reading the appellate court’s rendition of the facts in this breach of contract, breach of non-competition agreement and fraudulent inducement/concealment case, it is clear that the court empathized with the plaintiff, and wanted to allow the plaintiffs their day in court. The sordid details are as follows: In GoSmile, Inc. v. Levine, the defendant founded [...]
In GoSmile, Inc. v. Levine, a decision that was handed down on December 21, New York’s Appellate Division, First Department (which covers New York and Bronx Counties) was confronted with the following question: “whether a plaintiff is permitted to assert claims for both fraud and breach of contract, where the fraud claim is based upon [...]
Having been down a similar road with respect to my own house several years ago, I found myself cheering when I read this decision, which was handed down on December 10. In Carden v. Allstate, the plaintiffs were forced to rent another place to live when their home sustained serious fire damage. When they put [...]
No one likes being subpoenaed. No one. And non-party (i.e., you’re not one of the parties named in the case, which means you’re neither a plaintiff nor a defendant) subpoenas that are issued in the context of a business litigation or commercial litigation matter can be quite disruptive because the documents that may be sought [...]
New York’s Appellate Division, First Department’s dismissal of a wrongful termination and breach of contract claim by a securities firm’s compliance officer in a December 21 decision in Sullivan v. Harnisch is troubling. And I say that against a backdrop of a solid understanding and appreciation that most wrongful termination claims in New York are [...]
I get asked this question a fair amount, although it is rare that the person asking the question calls this doctrine by its formal, legal name. (Usually, it is more along the lines of “Didn’t they forfeit their right to complain …”). As you can probably surmise, waiver most often comes up in the context [...]
In case you weren’t aware of it, New York’s Civil Practice Law & Rules, also known as the “CPLR,” list several grounds upon which a complaint can be dismissed from the get-go. One of those grounds is “based upon documentary evidence.” “What does that mean?” you ask. Here’s where the tricky part, because there is [...]
As a corollary to our blog article “When You Can Incur Personal Liability for a Debt in New York,” the question arises as to what New York’s courts will do when a claimant tries to hold a corporate officer personally liable in either breach of contract or fraud. To that end, in a November 18 [...]
In the last year, I’ve been asked a few times whether you can incur personal liability merely by virtue of signing an agreement on behalf of a corporation. Well, you need wonder no more, as a Suffolk County trial court in Cutler v. Collura-Repp has laid out the law on this issue in no uncertain terms: [...]
3 Reasons Why
Your Employment Agreement
May be Worthless
NY Breach of Contract Guide:
When You Don't Have a
Written Agreement
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