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When a New York Court Rejects a “Liquidated Damages” Clause

Truth be told, the heading of this article is taken from a common usage, or vernacular, perspective; from a technical, legal perspective, it is simply wrong. Here’s why: The term “liquidated damages,” at least under New York law, means that a court has determined as a matter of law that the specific amount of monetary [...]

Posted Under: Breach of contract,liquidated damages
This post was written by Jonathan Cooper on August 23, 2011 Comments (0)

One Way (Albeit Rare) to Recoup Legal Fees in NY: “Frivolous Conduct”

As noted elsewhere (see, e.g., “Why It’s So Hard to Recover Legal Fees in a NY Breach of Contract Case“) , the general rule in New York is that you cannot recover the costs you’ve incurred to defend a lawsuit that has been brought against you. Of course, there are some exceptions to that rule,  [...]

Posted Under: Breach of contract,frivolous defenses
This post was written by Jonathan Cooper on August 15, 2011 Comments (0)