News & Analysis as of

Standing New York

Troutman Pepper Locke

Proposed New York FAIR Business Practices Act Aims to Expand Consumer Protections Against Unfair, Deceptive, or Abusive Practices

Troutman Pepper Locke on

On March 13, New York State introduced proposed legislation titled the Fostering Affordability and Integrity Through Reasonable Business Practices Act (FAIR Act). The proposed legislation seeks to broaden the scope of...more

King & Spalding

Southern District of New York Allows Fraudulent Transfer Claims Accusing JPMorgan and Others of Scheme, Dismisses Claims for...

King & Spalding on

On March 27, 2025, the U.S. District Court for the Southern District of New York largely denied a motion to dismiss fraudulent transfer and tortious interference claims arising out of a dispute over the financing and...more

Seyfarth Shaw LLP

New York Federal Courts Are Not Rolling Out the Welcome Mat for Serial Plaintiffs in Website Accessibility Lawsuits Anymore

Seyfarth Shaw LLP on

Two recent New York district court decisions underscore how serial website accessibility plaintiffs are encountering greater challenges to demonstrate their standing to pursue ADA claims in federal court....more

Cadwalader, Wickersham & Taft LLP

Firmly Fixated With Allonges - REF News & Views

In a recent decision by the Supreme Court of the State of New York in Kings County (the Court), HSBC Bank USA, N.A. (the Plaintiff) initiated a mortgage foreclosure action against Jack and Sabah Srugo (collectively, the...more

Kilpatrick

New York federal courts split on whether baby food purchasers have Article III standing in toxic metals baby food class actions

Kilpatrick on

We previously wrote about the Northern District of New York’s recent dismissal of a consolidated class action against Beech-Nut Nutrition Company (“Beech-Nut”), the manufacturer of baby food allegedly containing toxic levels...more

Katten Muchin Rosenman LLP

Websites Under Attack — Defenses to ADA Claims for Retailers and Online Businesses - The Katten Kattwalk/Kattison Avenue | Issue 4

Retailers and other businesses with an online presence continue to be targets of lawsuits filed by plaintiffs asserting claims under the Americans with Disabilities Act (ADA) and related state laws. In a nutshell, these suits...more

Epstein Becker & Green

Second Circuit Provides Lifeline to Employers Facing WTPA Claims in Federal Court

Epstein Becker & Green on

In Guthrie v. Rainbow Fencing Inc., 113 F.4th 300 (2d Cir. 2024), the Second Circuit weighed in on a brewing dispute among New York district courts as to whether (and how) a plaintiff’s allegations may establish Article III...more

Constangy, Brooks, Smith & Prophete, LLP

Good news for businesses: NYS courts will dismiss data breach class actions for lack of concrete harm to plaintiff

Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more

McGlinchey Stafford

NY District Court: Legal Fees Are Sufficient for Standing in FDCPA Claims

McGlinchey Stafford on

On May 20, 2024, the United States District Court for the Southern District of New York issued a decision holding that legal fees resulting from violations of the Fair Debt Collection Practices Act (FDCPA) constitute a...more

Proskauer - Minding Your Business

The New York Court of Appeals Approves CPLR 3025 (b) Complaint Amendment After Appellate Court Dismissal

The New York Court of Appeals recently endorsed the trial court’s discretion to grant leave to amend a complaint under CPLR 3025 (b), holding that when the appellate court dismisses the plaintiffs’ complaint without...more

King & Spalding

New York Court Dismisses Lender Liability Claims for Lack of Standing

King & Spalding on

On December 22, 2021, a New York trial court dismissed a guarantor’s lender liability claims for lack of standing. Gerald Katzoff, the manager and co-owner of restaurant group Il Mulino, was a guarantor under a credit...more

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