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Despite Tortious Act in NY, Foreign Company Immune to NY Jurisdiction in Tortious Interference Claim

It is indeed rare that cases which hinge completely on jurisdictional or procedural grounds could have any interest at all for non-lawyers. But GS Plasticos Limitada v. Bureau Veritas, which was just decided last week, is one such case. In this tortious interference with contract case, the plaintiff, a Brazilian company, claimed that it lost [...]

Posted Under: business litigation new york,commercial litigation,tortious interference
This post was written by Jonathan Cooper on January 27, 2011 Comments (0)

After 2 Recusals, 3rd Judge is Assigned Trial of Titans-Kiffin Contract Breach & Tortious Interference Claims

Maybe the third time is the charm. In a high-profile breach of contract and tortious interference lawsuit, the National Football League’s Tennessee Titans have sued former NFL coach ,and current USC coach Lane Kiffin, charging that he improperly poached their coaching ranks, inducing Titans running backs coach Kennedy Pola to breach his employment agreement with [...]

Can Bankruptcy Immunize Company From Claims They Violated Non-Compete?

In a blog piece that was published in yesterday’s Wall Street Journal, it was reported that OfficeMax has sued A & P, the well-known supermarket chain, seeking a restraining order barring them from poaching key employees. Apparently, OfficeMax felt compelled to take this action after 3 of their key employees left, including their former chief [...]

How a NY Company Lost Its Tortious Inference Claim – Even Though It Was Unopposed

Back in August, I wrote about the Most Formidable Defense to a Tortious Interference Claim in New York: justification. In other words, as long as a defendant can show that they induced Company A to break their agreement with Company B for legitimate economic reasons, the tortious interference claim will likely fail. But, as pointed [...]

How Long Do You Have to Bring a Fraud Claim in New York?

As you may recall from my earlier articles, “Why Many (If Not Most) Business Fraud Claims Are Dismissed” and “How to Prove a Successful Business Fraud Claim Under NY Law,” it is very tough to prevail on a fraud claim in New York, because the pleadings (i.e., the allegations you make in your court papers) [...]

3 Ways to Recoup Your Legal Fees in New York

Much to my clients’ chagrin (and yes, I get asked this question a lot), the instances where you can actually recover your legal fees expended on a case in New York are very rare. But that doesn’t mean that there aren’t some circumstances where you can get them. As noted in “How You Can Recover [...]

Posted Under: breach of contract new york,business litigation new york,legal fees
This post was written by Jonathan Cooper on January 7, 2011 Comments (0)