How to Prove a Breach of Contract Case in New York

Although the range of different types of contracts is quite vast, a common thread unites them: the basic elements of a contract, and what you need to prove in the event that the contract is breached.

In general terms, in order to establish a breach of contract claim under New York law, a plaintiff must [...]

When Illegal Agreements Can Still Be Enforceable in New York

This was just one of the issues that New York Federal Judge Jack Weinstein had to address in Globaltex Group Ltd. v. Trends Sportswear Ltd., a commercial litigation case where the plaintiff sought to recover payment for goods that it shipped.
The facts of this case were – and are – rather fascinating.
In this case, the [...]

NY Court Sustains $150 Million Jury Verdict in Defamation & Tortious Interference Case

The facts of this case are rather disturbing. Worse yet, I seriously doubt the plaintiff will be able to collect on this judgment, even though he certainly deserves to recoup something.
In Cantu v. Flanigan, the plaintiff was a Mexican businessman who, over several decades in the oil and other industries, had built a worldwide reputation [...]

How to Prove a Punitive Damages Claim Under New York Law

A long time ago I learned that if you ever want a great summary of the current law on a particular issue in New York, get a recent Federal Court decision on the topic. It will be well-written, accurate and concise.
Raedle v. Credit Agricole Indosuez, a decision out of the Federal Court for the Southern [...]

How to Prove the Two Types of Tortious Interference Claims Under New York Law

In the last few years, I’ve been asked this question quite a bit; unfortunately, at least in my experience, there seems to be a great deal of misunderstanding about what is – and what isn’t – tortious interference. So, I figured, why not publish a brief article that clarifies the parameters of this legal doctrine [...]

Suffolk County Court Upholds Validity of Non-Compete Agreement – For Now

In a decision that was published in this morning’s New York Law Journal, Justice Pines of Suffolk County denied the defendants-employees’  motion to dismiss their former employer’s claims seeking damages resulting from these employees’  solicitation of the company’s clients (or in legal terms,  breach of contract, breach of fiduciary duty, and tortious interference) while [...]