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, [...]
Recently, I spoke with a gentleman who runs a small, but profitable, family-owned business that did a significant amount of custom work for a vendor, only to have that vendor – which is a much larger company – turn around and tell this man directly: “we’re not paying you, and if you don’t like it, [...]
Sometimes when reading a court’s decision, there are facts from the case that almost jump off the page and make you wonder: if what the court is saying is true, why on earth did they even bother filing the lawsuit to begin with? Why not just accept that you messed up and move on? In [...]
Unquestionably, there has been a lot of talk about frivolous lawsuits. And there is no doubt that they should be done away with. But almost no attention has been paid to its paired opposite, which also unnecessarily ratchets up litigation costs: frivolous defenses. Today’s New York Law Journal includes a decision from Judge David Schmidt [...]