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Reversal New York

King & Spalding

New York Appellate Court Blocks Mezzanine Borrower’s Claim Against Lender for Breach of Implied Covenant of Good Faith and Fair...

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On October 5, 2023, the First Department of New York’s Appellate Division limited the ability of borrowers to use a claim for breach of the implied covenant of good faith and fair dealing as a club to prevent lenders from...more

Harris Beach Murtha PLLC

NY Appellate Court Addresses Engineer Testimony and Frye Hearing

New York’s Appellate Division, Second Department reversed a trial court order precluding defendants’ expert engineer from testifying, issuing a new trial on the issue of liability in a personal injury action stemming from a...more

Freiberger Haber LLP

Courts Will Not Assist An Effort To Enforce An Illegal Contract

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By Jonathan H. Freiberger  The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in...more

A&O Shearman

New York Court Of Appeals Clarifies Application Of Internal Affairs Doctrine But Reverses Dismissal Of Fiduciary Duty Breach...

A&O Shearman on

On May 23, 2024, the New York Court of Appeals reversed the dismissal of breach of fiduciary duty claims brought by former shareholders of a fantasy sports company (the “Company”) against its directors and other defendants...more

White and Williams LLP

NY Court of Appeals Rejects Constitutional Challenge to Daily Fantasy Sports Law, Reversing Lower Court Rulings

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On March 22, 2022, the New York Court of Appeals held that the historical prohibition on “gambling” in Article I, §9 of the New York Constitution does not encompass skill-based competitions like daily fantasy sports (DFS)...more

King & Spalding

Second Circuit Issues Back-to-Back Opinions Holding That Classes of Past Purchasers Cannot Be Certified for Injunctive Relief,...

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In the span of two weeks, the Second Circuit issued two opinions that likely sound the death knell for Rule 23(b)(2) “injunction classes” in that circuit unless plaintiffs can establish that every class member stands to...more

Spilman Thomas & Battle, PLLC

Federal Court in New York Takes Issue with Some Sections of the Rule Implementing the FFCRA: What Does It Mean for You?

In response to a lawsuit filed by the State of New York, a judge in the Southern District of New York considered and invalidated parts of the Department of Labor's (“DOL”) Final Rule implementing the Families First...more

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