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Although it is far from common knowledge, there is another option that may be available to recoup your losses in the breach of contract context, particularly in the event that a damages award will not make you whole. And that is through is the equitable doctrine of rescission, which aims to restore the “status quo [...]
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 [...]
In a strongly worded — and educational — opinion, a New York Federal Judge went out of his way to delineate what allegations suffice, and in White v. National Home Protection, Inc., what did not suffice, to survive dismissal on a claim seeking to pierce the corporate veil.
In granting the defendants’ motions to dismiss [...]
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, [...]
As we wrote nearly one year ago in “E-mail Mistakes That Can Cost Your Small Business in Court,” there is no such thing as an innocuous e-mail. Not anymore.
In Grimaldi v. Guinn, the plaintiff sued the Pennsylvania-based defendants for breach of contract, business fraud, and under New York’s deceptive advertising statute, General Business Law § [...]
Can the president of a small company be held personally liable for the company’s issuance of dishonored checks? Not unless the plaintiff can prove that this individual officer was personally involved in the checks’ issuance, said a New York Federal Judge.
In Interstate Foods, Inc. v. Lehmann, a decision that was recently published in the New [...]
In a case with salacious – and all-too-common facts – that was reported in this week’s New York Law Journal, a Westchester County court declined to dismiss the plaintiff’s claim that the defendants were diverting their assets in a desperate attempt to avoid a judgment that had been rendered against them in a breach of [...]
Sometimes you feel quasi-prophetic.
As predicted in my July 23 blog post entitled “Why Many (If Not Most) Business Fraud Claims Are Dismissed,” in a ruling handed down earlier today New York’s Appellate Division, First Department unanimously reversed the trial court’s ruling, and dismissed in its entirety Dan Rather’s lawsuit against his former employer, CBS, and [...]
Just because you buck the trend and challenge the establishment doesn’t mean you’re wrong.
Earlier today, New York Federal Judge Jed Rakoff issued a lengthy decision detailing why, despite the traditional deference granted to parties in determining the terms of their own settlements, he would not sign off on the S.E.C.’s willingness to accept a $33 [...]
Yesterday, both the Wall Street Journal and Bloomberg reported that former news anchor Dan Rather’s breach of contract, wrongful termination and fraud lawsuit against his former employer, CBS, has been revived – at least for the time being. Predictably, Mr. Rather was upbeat upon learning that the New York county judge had granted his attorneys [...]
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