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Res Judicata Business Litigation

Farrell Fritz, P.C.

Legal Déjà Vu: The Law of Preclusion and Re-Litigation of Standing-Based Dismissals

Farrell Fritz, P.C. on

Dismissals for lack of standing are routine in business divorce cases. Examples abound on this blog. Litigation over standing to sue takes an outsized role in business divorce cases for many reasons....more

Patterson Belknap Webb & Tyler LLP

Commercial Division Dismisses Duplicative Claims under the Doctrines of Res Judicata and Collateral Estoppel

In Haart v. Scaglia, Justice Borrok of the New York County Commercial Division partially granted the defendant’s motion to dismiss based on the doctrines of res judicata and collateral estoppel. The Court found that the...more

Farrell Fritz, P.C.

A Reminder From The Commercial Division That Disloyalty Doesn’t Pay … Literally!

Farrell Fritz, P.C. on

It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

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