The Second Circuit recently held that under Federal Rule of Civil Procedure 23, a district court judge can decertify a class after a jury verdict in
A three-judge panel of the US Court of Appeals for the Second Circuit has affirmed the dismissal of an action against EgyptAir Holding Company and
In Colonial Oil Industries Inc. v. Indian Harbor Ins. Co., No. 12-4063-cv, 2013 US App. LEXIS 12946 (2d Cir. June 25, 2013), the Second Circuit
A federal district court dismissed Lexington Insurance Company’s unjust enrichment claim against reinsurer Tokio Marine, holding that the parties’ dispute was governed by their reinsurance contract
Court grants Jerry Seinfeld’s motion to dismiss defamation claim and grants HarperCollins Publishers’ motion to dismiss breach of implied contract and misappropriation claims in action arising from publication of cookbook about preparing healthy food for kids.
In January 2011, the Southern District of New York ruled that a parent corporation, as well as its officers and directors, may, in certain circumstances, be bound by an arbitration agreement entered into by its subsidiary.
In early December 2010, Judge Preska of the Southern District Court of New York dismissed federal claims against Merrill Lynch and other related parties based on the plaintiffs' failure to adequately plead that alleged misstatements and manipulative conduct proximately caused plaintiffs' losses.
In its initial decision in this long-running legal battle surrounding the "Joseph Abboud" name, the Southern District of New York found in favor of plaintiff who had purchased defendant's trademarks.
In re TOUSA, Inc., 408 B.R. 913 (Bankr. S.D. Fla. 2009) - prepetition lenders could not assert third-party claims against the debtors for breach of contract based on loan document representation that debtor borrowers, on a consolidated basis, would be solvent after the financing transaction because such claims did not depend on the outcome of the fraudulent transfer claims of the creditors, which asserted that individual debtor subsidiaries were insolvent.
Plaintiff brought an action against Coty Inc., his former employer, alleging violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, based on Coty’s purported misrepresentations regarding stock options granted to plaintiff under an employee benefit program.