New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | December 4, 2018
Corporate Insurance Law columnists Howard B. Epstein and Theodore A. Keyes write: While the 'Kokesh' ruling is not an insurance ruling, we wrote at the time (as did others) that it might very well have an impact on pending disputes over the insurability of disgorgement payments. The First Department took notice of the ruling and recently held, relying on Kokesh, that because SEC disgorgement constitutes a penalty, disgorged funds did not fall within the definition of loss under the insurance policies at issue.
New York Law Journal | Analysis
By Anita Bernstein and John Crain | November 30, 2018
Which elements not expressly provisioned in Judiciary Law §487, if any, are necessary for a successful claim of treble damages?
By Jason Grant | November 27, 2018
A Brooklyn Supreme Court jury has awarded $11.03 million in damages to a deliveryman who was struck from behind by a car as he carted Mexican food on his motorized bike. But because of a “high-low agreement" between the parties, arrived at during a nearly two-week damages trial held this month, he will collect $3 million.
New York Law Journal | Analysis
By Daniel B. Goldman and Sam M. Koch | September 26, 2018
Plaintiffs in trade secret cases that seek to measure damages by defendant's avoided costs, defendant's gains, or anything other than plaintiff's losses will now be incentivized to bypass the New York state court system for federal court
By Andrew Denney | August 16, 2018
In a victory for New York residential landlords, the majority on a divided Manhattan appeals court found that there is a hard four-year limit to calculate damages in rent overcharge cases involving buildings where landlords are reaping the benefits of a controversial and complex tax abatement credit.
By Colby Hamilton | July 27, 2018
The jury found a top Columbia Business School professor and the university itself liable for retaliation against a former assistant professor's sexual harrassment claims.
New York Law Journal | Analysis
By Ilann M. Maazel | July 11, 2018
In his column on Civil Rights Litigation, Ilann M. Maazel explains the basic standard for bringing civil rights actions for prison brutality by state or local corrections officers.
By Samantha Joseph | June 1, 2018
The suit stems from a 2008 agreement with Googles, a children's programming company.
By Charles Toutant | May 25, 2018
In a motion filed in federal court in Trenton, the New Jersey Thoroughbred Horsemen's Association is seeking reimbursement of nearly $150 million in wagers that it says it would have collected during years of litigation waged over the state's desire to legalize sports betting.
New York Law Journal | Analysis
By Michael Hoenig | May 11, 2018
Complex Litigation columnist Michael Hoenig writes: On May 3, New York's highest court issued a decision clarifying the state's common law on the extent of damages recoverable in cases asserting claims of misappropriated trade secrets, unfair competition and unjust enrichment. Though the holding is important enough on the merits for litigators to digest, there is also some “entertainment” value in seeing how the jurists marshal their arguments. The subject matter is not easy but it is quite relevant in today's litigious, technological world.
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