A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be enough to establish personal jurisdiction over an out-of-state defendant. In...more
A few weeks ago, I blogged about the Arco Acquisitions, LLC, v Tiffany Plaza LLC et al. decision, in which Suffolk County Commercial Division Justice Elizabeth Hazlitt Emerson held that the plaintiff’s fraud claims were...more
Consider this situation: You are a shareholder of a company who is about to enter into a contract with a third party. But you know that this is a bad deal that will negatively impact the company....more
8/27/2019
/ Breach of Contract ,
Business Litigation ,
Cause of Action Accrual ,
Commercial Court ,
Failure To State A Claim ,
Financial Adviser ,
Motion to Dismiss ,
Shareholders ,
Statements of Economic Interest ,
Tortious Interference ,
Transaction Fees
Reflecting on your first year of law school, you begrudgingly remember learning about personal jurisdiction and the long-arm statute. As a commercial litigator, one of your first questions in representing a defendant should...more
4/29/2019
/ Breach of Contract ,
Construction Disputes ,
Covenant of Good Faith and Fair Dealing ,
CPLR ,
Development Agreements ,
Implied Covenants ,
Lack of Jurisdiction ,
Litigation Strategies ,
Long Arm Statute ,
Motion to Dismiss ,
Personal Jurisdiction ,
Redevelopment ,
Sales
Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? ...more
9/7/2018
/ Breach of Contract ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Hurricane Sandy ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion to Dismiss ,
Pleading Standards ,
Property Damage ,
Property Insurance ,
Real Estate Market
On June 5, 2018, in RKA Film Financing, LLC v. Kavanaugh et al., the First Department unanimously affirmed the Supreme Court, New York County’s decision absolving the United States Secretary of the Treasury, Steven Mnuchin,...more