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November 18, 2022 | New York Law Journal

Get It in Writing: Oral Agreements Are 'Ill-Suited Means of Forming Enforceable Contracts'

'Van Bortel v. Ford Motor Co.' serves as a reminder that while oral agreements can sometimes be enforceable, it is rare. Contracts should be in writing.
10 minute read
November 14, 2022 | New York Law Journal

Thumbs Up or Thumbs Down: New York Court Analyzes Meaning and Impact of Emoji in Contract Negotiations

The law in this area is likely to get more complicated before it gets simpler. The 'Lightstone' case shows that even a relatively simple emoji, with relatively straightforward meaning, can lead to a nuanced analysis.
9 minute read
October 27, 2022 | Delaware Law Weekly

Superior Court Rules Verizon to Recover $120M From Insurers

"The securities claim definition at issue here is in a standard form that is used by policyholders across the country," said Keith McKenna, a partner at Cohen Ziffer Frenchman & McKenna.
4 minute read
August 23, 2022 | Texas Lawyer

Federal Appeals Court Revives COVID-19 Tuition Refund Lawsuit

Several students have appealed orders from district judges dismissing COVID-19 tuition refund lawsuits, but the results at the circuit court level have been mixed.
3 minute read
August 09, 2022 | Law.com

State Appeals Court: Allowing Amended Complaint Would Prejudice Defendant in Insurance Row

The North Carolina Court of Appeals has denied a defendant's motion to amend a complaint as part of an insurance case, finding that allowing him to do so would materially prejudice the opposing party.
4 minute read
Law Journal Press | Digital Book New Jersey Estate Litigation 2014 Authors: Michael R. Griffinger, Paul F. Cullum III View this Book

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August 09, 2022 | New York Law Journal

Stephen Hawking: Notarization by Mark and Notarization by Proxy

There is little statutory guidance in New York state for a notary who is attempting to notarize a document by mark for a disabled individual. This article looks at the legal quandaries that may arise with a client who cannot write out his or her name or is otherwise unable to sign a document and also addresses the idea of notarization by mark or notarization by proxy in New York state.
5 minute read
July 21, 2022 | New Jersey Law Journal

Not Every Breach of Contract Claim Is a Violation of the Consumer Fraud Act

While the motivation behind the CFA was, in part, protecting consumers, over time the path has deviated to such an extent that even garden-variety breach of contract claims against home improvement contractors almost always include CFA claims, causing unnecessarily complicated litigation.
9 minute read
July 18, 2022 | Law.com

6th Circuit: Bulk of NFL Agent's Suit Against Players Association Not Preempted by Federal Labor Laws

The Sixth Circuit ruled that the National Labor Relations Act does not preempt three of the five Michigan state law claims launched by agent Vincent Porter against the National Football League Players Association. Porter claims he had contractual rights breached and was harassed after he was criminally indicted for mail fraud, a charge he later denied.
6 minute read
June 16, 2022 | New York Law Journal

Pleading the Element of Inducement for Tortious Interference With Contract Claims

It is important to allege as many facts as possible to avoid dismissal of the claim as vague or conclusory.
10 minute read
June 01, 2022 | New Jersey Law Journal

Nondisparagement Provision Not Violated by Former Police Sergeant's NBC Interview, Appeals Court Says

The court, however, declined to find the clause unenforceable, noting that 2019 revisions to the Law Against Discrimination restricted nondisclosure agreements but not nondisparagement agreements.
5 minute read

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