Ellen Greiper, Marvin N. Romero and Stefan A. Borovina of Goldberg Segalla outline and discuss the general principles of liability relating to snow and ice conditions that can develop for property owners. They also discuss some of the more common defenses that can relieve a retail owner of liability.
Dennis Hranitzky, John Biancamano and Lindsay Ray of Dechert write: ‘Vitamin C’ can be harmonized with other cases involving foreign states’ interpretations of their own laws arising in different contexts. When read together, these cases instruct that courts considering whether to defer to a foreign state’s interpretation should engage in a task similar to that performed by courts considering U.S. federal agencies’ interpretations of federal statutes. The overall circumstances of each case are important, and various factors will direct where along a sliding scale of deference each case falls.
Matt Solum of Kirkland & Ellis discusses contract issues that arose in a recent decision in New York County’s Commercial Division, ‘Slabakis v. Schik’, which involved a decades-old oral agreement.
Jennifer B. Zourigui of Ingram Yuzek Gainen Carroll & Bertolotti writes that given the growing costs of litigation, the scales may tip in favor of trying to resolve a case in its earliest stages more frequently than clients—or litigators—realize. She provides four key steps to early resolution and evaluating its advantages.
Israel David and Samuel P. Groner of Fried, Frank, Harris, Shriver & Jacobson examine how courts in the Second Circuit, in the year and half since ‘Omnicare’ was decided, have applied three considerations in determining whether in context an opinion statement is misleading. These cases suggest that courts are increasingly open to viewing statements that might have been misleading in a vacuum as not misleading when properly understood in context and therefore not susceptible to liability on an “omissions” theory.
Craig R. Tractenberg of Fox Rothschild writes: The implied covenant of good faith and fair dealing is a departure from traditional contract law. The cases are challenging to both win and defend, and the results are unpredictable because the parties did not expressly contract to limit their risk. The strategy in these cases is to demonstrate the reasonableness or unreasonableness of the parties conduct, and to explain the process by which the conduct occurred.
Ellen Greiper, Marvin N. Romero and Stefan A. Borovina of
Dennis Hranitzky, John Biancamano and Lindsay Ray of
Matt Solum of
Jennifer B. Zourigui of
Israel David and Samuel P. Groner of
Craig R. Tractenberg of