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I have to admit it. I’ve never seen anything like this before. Apparently, after being served with the breach of contract lawsuit papers on his way in to the American Idol studio, the lead singer for pop group, LMFAO, Redfoo, was sufficiently amused by the whole process that he posed for pictures with the man [...]
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 [...]
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 [...]
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 [...]
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 [...]
If you are an insurance broker, and were wondering how you are supposed to protect against having your commission agreement breached, a decision that was rendered by a New York Federal judge last week – and published in today’s New York Law Journal – provides an excellent roadmap. In Guy Carpenter & Company v. Lockton, RE, LP, [...]
Although they sound an awful lot alike, the difference between an Order dismissing a case and an Order granting summary judgment is quite significant under New York law. An October 19 decision from Justice Carolyn Demarest of Brooklyn in a breach of contract and tortious interference case provides an excellent illustration of this principle. In [...]
As you might have guessed, as a practical matter it is far from simple to prove a tortious interference with contract claim under New York law, and here’s why: The plaintiff must prove that the defendant both intentionally AND without justification induced a third party to break their contract with the plaintiff. Why is that [...]
Today’s New York Daily News is reporting that Victoria’s Secret has been sued for inducing the Chinese supplier for a New York and New Jersey-based shoe company to break its 25 year relationship with the shoe company in favor of an exclusive deal with Victoria’s Secret. Now, let’s not be naive; the reason the story [...]
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. httpv://video.fosterwebmarketing.com/nybusinesslitigationlawyer.com/httpdocs/evm/720p30p_cooperny_15_breachofcontract.flv In general terms, in order to establish a breach of contract claim under New York law, a plaintiff [...]
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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