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In this post-merger dispute, the court granted the seller's motion for dismissal of plaintiff's complaint be-cause the merger agreement specifically identified the accounting principles applicable to the post-closing price adjustment.
Appellate Division, First Department:January 5, 2021
Appellate Division, First Department:December 17, 2020
Appellate Division, First Department:October 29, 2020
Fraud, unjust enrichment and conversion claims arising from alleged breach of technology development and transfer agreement dismissed on summary judgment where such claims were merely bootstrapped or were otherwise preempted by existing contractual and statutory trade secret claims.
Plaintiff failed to bring its claim for indemnification within the time period stated in the parties' contract, and it identified no gap to fill with respect to its good faith and fair dealing claim.
Negligence action under vicarious liability failed where plaintiffs failed to establish existence of agency or joint venture relationship between defendant and alleged tortfeasor due to the lack of written agreement as required by applicable Mexico law or existence of required elements under applicable Delaware or New York law to find agency or joint venture relationship.
After Hours: Faegre Drinker; Norris McLaughlin
Faegre Drinker Completes First Virtual NJ LEEP Summer Program; Norris McLaughlin's Lebowitz Speaks on Inheritance Tax.Trial Court Erred in Precluding Expert Testimony Based on Trial Court's Rejection of the Merits of the Testimony
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