New York Appellate Court adopts Tooley test to determine whether a claim is derivative or direct *

USA - August 10 2012
On August 7, 2012, the Appellate Division of the New York Supreme Court, First Department, issued a unanimous opinion in Yudell v. Gilbert, Index No. 600404/08, explicitly adopting the analytical framework used by Delaware courts, known as the "Tooley test," to determine whether a claim is derivative or direct.

Co-authors: David J. Elliott.

New Jersey appellate court rejects class waiver provision based on contract formation principles *

USA - August 10 2011
In recent years, New Jersey courts, like many others, developed a body of law that denied enforcement of class action waivers in arbitration provisions as being unconscionable and against principles of public policy in certain circumstances.

Co-authors: Paul J. Halasz, Dennis R. LaFiura.