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If there were such a contest, I think this case wins the “most absurd lawsuit of the day.” In Kassis Management, Inc. v. Verizon New York, Inc., the plaintiff claimed damages in breach of contract and consumer fraud as a result of Verizon’s “promise” to move its phone service from one location to their new [...]
Let’s start with the general rule: New York courts disfavor allowing parties to recoup their legal fees that are incurred in litigation. As New York’s courts have put it: “It is well settled that legal fees are not recoverable unless provided under the terms of a contract or authorized by statute.” See, U.S. Underwriters Ins. [...]
They may have been naive, but they’re entitled to a shot at vindication before a jury, held New York’s Court of Appeals in DDJ Management LLC v. Rhone Group, LLC. In this case, the plaintiffs sued to recover their losses after learning that the $4o million loans they extended to the defendants turned out to [...]
There are instances, like the case discussed in my recent blog post, “No Written Agreement? No Problem, Says NY Court,” where the failure to reduce your agreement to writing is not fatal to a breach of contract claim under New York law. But there are other cases, like Springer v. Linden Seventh Day Adventist Church, [...]
If you take an unreasonable position and refuse to pay for services that were rendered, you should be prepared to have a court rule against you. And that’s exactly what happened in John Anthony Rubino & Co. CPA v. Schwartz (a decision that is scheduled to appear in tomorrow’s edition of the New York Law [...]
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 [...]
Over the last few months, I’ve been asked why certain mandatory arbitration provisions in an employment agreement couldn’t be invalidated on the grounds that the employees were “forced” to sign it against their will on threat of losing their job. The reason is fairly simple: the courts – beginning with the United States Supreme Court [...]
Before addressing how you prove a negligent misrepresentation claim, we first have to define what it is – and what it isn’t. Unlike its cousin, the fraud claim, negligent misrepresentation does not require a showing of malicious intent or recklessness by the defendant; rather, it requires that the plaintiff prove the following by a preponderance [...]
I was recently confronted with an interesting question: an old acquaintance of mine paid for an exclusive license to market and sell a certain technology that was patented. There was one “small” problem, however: the technology didn’t work. So, you would think that my acquaintance should have no problem recovering his downpayment for the exclusive [...]
When your contract has been breached, your first reaction might very well be to bring a lawsuit in State or Federal Court. But that course of action may not be available, particularly if your written contract contains a clause mandating that all disputes be resolved by arbitration. So, you ask, under what circumstances are those [...]
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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