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Results: 11-20 of 568

Separate and distinct signature required to enforce personal guaranty from corporate officer or director
  • Porzio Bromberg & Newman PC
  • USA
  • June 10 2015

In a recent unpublished decision, the Appellate Division again reminded us that a personal guaranty cannot be enforced unless the person against whom


Just in time for summer, a new decision on when you are required to clear snow from your property
  • Porzio Bromberg & Newman PC
  • USA
  • June 3 2015

In the recent past, I have written several posts about when property owners can be liable for accidents caused by their failure to shovel snow from


Res ipsa at Red Lobster
  • Porzio Bromberg & Newman PC
  • USA
  • May 29 2015

Not too long ago, I posted about a lawsuit filed by a diner against Applebees. (Click here if you don't remember.) In that case, the diner was


Jarndyce v. Jarndyce -- obsure reference, appropriate reference, both?
  • Porzio Bromberg & Newman PC
  • USA
  • May 28 2015

In the first paragraph of an Appellate Division decision handed down earlier this week, In The Matter of the Estate of Harry Sable, the court noted


It is still not a breach of the duty of good faith and fair dealing for lenders to enforce the terms of their loan documents
  • Porzio Bromberg & Newman PC
  • USA
  • May 22 2015

It seems like I read cases like this every few weeks: A borrower defaults on a loan, tries to work something out with the bank, but the bank for some


On champerty, barratry, and "vexatious litigants"
  • Porzio Bromberg & Newman PC
  • USA
  • May 21 2015

One of my favorite causes of action is "champerty." I know what you are thinking -- who has a favorite cause of action? Fair point. Nonetheless


Mach Mining for defense in EEOC actions
  • Porzio Bromberg & Newman PC
  • USA
  • May 20 2015

Last month, in Mach Mining, LLC v. Equal Employment Opportunity Commission, 135 S.Ct. 1645 (2015), the United States Supreme Court addressed whether


Public or private? Right to counsel of your choosing may depend on whether you have private counsel or appointed counsel
  • Porzio Bromberg & Newman PC
  • USA
  • May 18 2015

I don't usually post about criminal law cases but the Appellate Division's recent opinion in State v. Martinez hit close enough to home that I


Oops?!? Failure to include transcript in appellate record results in harsh sanction
  • Porzio Bromberg & Newman PC
  • USA
  • May 13 2015

It's not quite "deflategate" but the U.S. Circuit Court of Appeals for the Second Circuit recently reminded all of us that rules are rules and they


Thank you, captain obvious -- it is improper to throw your records in a dumpster in advance of a lawsuit
  • Porzio Bromberg & Newman PC
  • USA
  • May 11 2015

When most litigators hear the term "spoliation" nowadays, they probably think of emails, servers, document retention policies, and back-up tapes. But