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Breach of Contract › Fraud › Commercial Court

Patterson Belknap Webb & Tyler LLP

Court Strikes Defendant’s Jury Demand Where Defendant Asserted Equitable Defense of Rescission

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In Real Estate Webmasters Inc. v. Rodeo Realty, Inc., Justice Richard Platkin of the Albany County Commercial Division granted plaintiff’s motion to strike Rodeo’s jury demand in connection with Real Estate Webmasters Inc.’s...more

Farrell Fritz, P.C.

All You Need Is Love… And An Articulable Nexus Of Fraud

Farrell Fritz, P.C. on

What can you do when the parties you are suing are effectively judgment-proof? Oftentimes, plaintiffs will try to go after a defendant’s family member or related entity. ...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Allen Matkins

Why Ask For An Opinion That A Contract Has Been Delivered?

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California Civil Code Section 1550 provides that only four elements are "essential" to the existence of a contract...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review – France

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Complex commercial litigations often stem from disputes arising out the conclusion, interpretation or performance of a contract leading the litigants to refer to the contractual provisions and to statutory law supplemented by...more

Farrell Fritz, P.C.

The Doctrine of Equitable Recoupment Is A Litigation Shield – Not A Sword

Farrell Fritz, P.C. on

The doctrine of equitable recoupment, which is codified in CPLR 203(d) permits a defendant to assert an otherwise untimely defense or counterclaim. The Appellate Division, First Department recently applied the doctrine in...more

Farrell Fritz, P.C.

It’s Sweet to be NutraSweet: Commercial Division Overturns Arbitration Award Entered in Favor of Would-be Seller of Aspartame...

Farrell Fritz, P.C. on

As any seasoned commercial litigator knows, courts are generally loathe to overturn the independent decisions of arbitrators. New York County Commercial Division Justice Charles E. Ramos recently examined the standard for...more

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