By Paul F. Millus | December 20, 2023
The written word in a contract will almost always trump oral representations—especially where the contract includes language which merges any prior representation giving the document the last word on the parties' rights and obligations. However, cases continue to appear before the bench. In one such recent case, Stephanie Clegg v. Sotheby's, the plaintiff learned a hard lesson.
New York Law Journal | Analysis
By Samuel Estreicher | December 20, 2023
In his Foreign Relations Law column, Samuel Estreicher discusses two cases out of the Southern District of New York, in which the court entered a judgment of $16.1 billion in damages against Argentina (one of the largest—if not the largest—judgments in the court's history) relating to conduct occurring nearly entirely outside the United States.
By Scott Mollen | December 19, 2023
Scott Mollen discusses "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."
By Adrienne B. Koch | December 19, 2023
In this last article of her four-part series, Adrienne Koch discusses two types of provisions parties use to limit actual damages— waivers of consequential damages, and waivers of the right to seek money damages altogether.
By Emily Saul | December 18, 2023
Plaintiff HBK Master Fund filed suit against NewRez LLC and Deutsche Bank National Trust Co., alleging the mortgage lender shorted trust investors by some $3.25 million.
By Emily Saul | December 15, 2023
Daher Aerospace Inc. is suing Triumph for fraudulent inducement of contract and breach of contract, claiming the Pennsylvania-based company did not reveal they were in continuous breach of multiple key preexisting customer contracts, including with their largest client, Boeing.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | December 14, 2023
This column focuses on the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue.
By Emily Saul | December 12, 2023
CBD company hemp2lab has allegedly defaulted on their licensing agreement to use the fashion house's names on various products, like hand lotion, containing cannabidiol.
New York Law Journal | Analysis
By Marisa Rauchway and Joseph V. Saphia | December 12, 2023
Manufacturers, distributors, patent holders, consultants, retailers and others similarly situated often find themselves in business relationships that may trigger the broad reach of franchise laws. Indeed, those businesses who operate in New York would be wise to be particularly careful in light of New York's exceptionally broad statutory language.
By Brian Lee | November 30, 2023
The Court of Appeals granted leave to appeal in September. A date for arguments has yet to be scheduled.
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