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13 results found

Article

Orrick, Herrington & Sutcliffe LLP | USA | 28 Jul 2016

Second Circuit Rules That Judges Can Decertify a Class After a Jury Verdict

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

Article

Clyde & Co LLP | USA | 31 May 2016

US Second Circuit Affirms Dismissal of Action against EgyptAir

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

Article

Steptoe & Johnson LLP | USA | 1 Jul 2013

Second Circuit rules that transfer of contaminated fuel oil between containers does not give rise to a “pollution condition”

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

Article

Jorden Burt LLP | USA | 27 Sep 2011

Court finds unjust enrichment claim inappropriate in reinsurance claim breach of contract lawsuit

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

Article

Loeb & Loeb LLP | USA | 9 Mar 2011

Lapine v. Seinfeld

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.

Article

McDermott Will & Emery | USA | 8 Mar 2011

NY court rules parent corporations and their officers may be bound by their subsidiaries’ arbitration agreements

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.

Article

Mayer Brown | USA | 3 Jan 2011

Auction rate securities (ARS) fraud claim against Merrill Lynch dismissed for failure to allege causation adequately

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.

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 26 Feb 2010

JA Apparel Corp. v. Abboud

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.

Article

Morgan Lewis | USA | 7 Dec 2009

Recent noteworthy decisions fall 2009

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.

Article

Katten Muchin Rosenman LLP | USA | 19 Jun 2009

Court holds employee stock option plan not a security

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.

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