News & Analysis as of

Declaratory Relief Contract Terms

Farrell Fritz, P.C.

Commercial Division Judge Reaffirms “Most Critical” Element for Injunctive Relief: Irreparable Harm

Farrell Fritz, P.C. on

Most litigators know that a preliminary injunction is a “drastic remedy” which is not “routinely granted.”  Reading these words on paper, however, does not adequately convey the high threshold that a party must meet when...more

Genova Burns LLC

Yellowstone No More?: New York Highest Court Approves Waiver of Commercial Tenant Right to Seek Declaratory Judgment

Genova Burns LLC on

A recent decision of the New York Court of Appeals – the State’s highest Court – has thrown a wrench in a common litigation process used by commercial tenants – the so-called Yellowstone injunction. The 4-3 decision in 159 MP...more

White and Williams LLP

Delaware Chancery Court Relies Upon Judicial Dissolution Power to Break Management Deadlock

White and Williams LLP on

Shareholder agreements and operating agreements contain a variety of knobs and levers, many of which a company’s founders hope never to invoke. Chief among them are the provisions for resolving disputes or deadlocks in...more

Latham & Watkins LLP

German Real Estate Sellers: Beware Rent Roll Risks

Latham & Watkins LLP on

Sellers may be liable for damages if actual rent is lower than stated in the rent roll, despite contractual exclusion of liability for defects. The Higher Regional Court of Cologne (HRC Cologne) has ruled that a property...more

Carlton Fields

SDNY Ruling Narrows Claims in COI Suit

Carlton Fields on

In EFG Bank AG, Cayman Branch v. AXA and The Duffy 2004 LLC v. AXA, in a February 14 ruling, AXA Equitable Life Insurance Company earned a sweet victory on its motion for partial dismissal of the complaints in two...more

Patterson Belknap Webb & Tyler LLP

Second Department Finds Commercial Tenants Can Waive Their Right to a Yellowstone Injunction

On January 31, 2018, the Appellate Division, Second Department affirmed, in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s...more

Carlton Fields

Court Confirms Arbitrator’s Entry Of Interim Preliminary Injunction, Holding That The Award Was Sufficiently “Final”

Carlton Fields on

This case concerns a 10-year agreement by which plaintiff, an endodontist, contracted to perform consulting services for defendant Dentsply, a business that manufactured and sold endodontic products for the dental industry....more

McCarter & English, LLP

Delaware Law Updates – The Court of Chancery Determines $2 Billion Dispute Is One for an Independent Auditor to Decide

McCarter & English, LLP on

In Chicago Bridge & Iron Company N.V. v. Westinghouse Electric Company LLC, C.A. No. 12585-VCL (Del. Ch. Dec. 5, 2016), the Court of Chancery granted a buyer’s motion for judgment on the pleadings, holding that the plain...more

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