Linton Mann Iii

December 15, 2020 | New York Law Journal

In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss a recent decision in which the court unanimously reaffirmed the principle that "parties are free to agree to a liquidated damages clause provided that the clause is neither unconscionable nor contrary to public policy." However, the judges split 4-3 on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.

By Linton Mann III and William T. Russell Jr.

8 minute read

November 18, 2020 | New York Law Journal

In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss the decision in 'Chavez v. Occidental Chemical Corporation', in which the court answered questions certified by the Second Circuit regarding the extent to which New York recognizes the class action tolling principles set forth in 'American Pipe'.

By Linton Mann III and William T. Russell Jr.

8 minute read