First Department upholds Commercial Division decision striking parties' answer and entering default judgment as a sanction for discovery violations *

USA - April 30 2013
In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep't April 4, 2013), the Appellate Division, First Department affirmed an Order…

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Seventh Circuit affirms dismissal of securities fraud class action, remanding question of sanctions against plaintiffs' counsel *

USA - April 9 2013
In City of Livonia Employee Retirement System v. Boeing Co., Nos. 12-1899, 12-2009 2013 WL 1197791 (7th Cir. Mar. 26, 2013), the United States Court…

Co-authors: John Stigi, Daniel G. Rosenberg .

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Court of Appeal finds the phrase "other good and valuable consideration" in a contract to be clear and unambiguous statement *

USA - March 6 2013
In Schron v. Troutman Saunders LLP, 2013 NY Slip Op 00952 (N.Y. Feb 24, 2013), the New York Court of Appeals held that the phrase "other good and…

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Standing in another's place: the Commercial Division applies Delaware law to specifically enforce a contract *

USA - September 10 2012
In Severstal Dearborn, LLC et al. v. RG Steel, LCC et al., No. 653351/11, the New York Commercial Division recently held that, under Delaware law, where a contract calls for payment of a sum to a third party beneficiary, one party to the contract can compel the other to make such payment through specific performance.

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Case study: In re Boston Scientific *

USA - August 6 2012
In In re Boston Scientific Corp. Securities Litigation (1st Cir. July 12, 2012), the United States Court of Appeals for the First Circuit affirmed the dismissal of a securities class action lawsuit against Boston Scientific Corporation (the “BSC”).

Co-authors: John Stigi.

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