Follow

NY Commercial Division Blog Blog

Articles: 1-10 of 87

Commercial Division Advisory Council Proposes Requiring Briefs to Include Hyperlinks to NYSCEF Docket Entries

USA - January 14 2020 The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend Commercial…

Commercial Division Applies Noerr-Pennington Doctrine to Dismiss Claim for Unlawful Retaliation

USA - December 17 2019 In Pozner v. Fox Broadcasting Co., Justice Saliann Scarpulla of the Commercial Division dismissed plaintiff Cliff Pozner’s (“Pozner”) retaliation…

Commercial Division Declines to Stay Securities Case in Deference to Later-Filed Federal Action

USA - December 13 2019 In Matter of GreenSky, Inc. Sec. Litig., Justice Jennifer G. Schecter of the Commercial Division denied defendants’ motion to stay the state court…

Commercial Division Allows Successor Liability Claims to Proceed on “Mere Continuation” Theory

USA - December 2 2019 A corporation that acquires the assets of another is generally not liable for the pre-existing liabilities of the acquired corporation. However, as…

Commercial Division Closes Door to Derivative Claims on Behalf of Cancelled LLC

USA - November 21 2019 The Commercial Division recently ruled, in a case captioned as Hopkins v. Ackerman, that derivative claims on behalf of an LLC need to be brought…

Commercial Division Holds That Russian Law Restrictions on Document Discovery Do Not Absolve Russian Party From Responsibility to Produce Documents

Russia - November 4 2019 The Commercial Division regularly hears suits involving foreign parties, in part because contract parties, anywhere in the world, can choose to have…

Commercial Division Rules that Arbitration Awardee Lacked Standing to Enforce Award Based on Collection Procedures Agreed to in the Underlying Contract

USA - October 31 2019 Arbitration is a creature of contract and, as such, enforcing an arbitral award requires strict adherence to the procedures set forth in the relevant…

New York’s Chief Judge Announces Proposal to Restructure State Court System

USA - September 27 2019 New York’s Chief Judge Janet DiFiore issued a press release on September 25, 2019 announcing proposed amendments to the New York State Constitution…

Commercial Division Declines to Certify Class and Approve Settlement in Xerox-Fuji Case

USA - September 25 2019 There has been a new development in the Xerox and Fujifilm (“Fuji”) litigation: Justice Ostrager of the New York Commercial Division declined to (i)…

Advisory Council Proposes a Series of Commercial Division Rule Changes

USA - September 20 2019 The final month of summer has seen a flurry of rulemaking activity with the Commercial Division Advisory Council (the “Advisory Council”) proposing…