New York Law Journal | Analysis
By Stephen L. Brodsky | January 4, 2018
Stephen L. Brodsky writes: When will an “agreement to agree” be enforceable, and when can you require another party to negotiate with you? New York's federal courts provide a legal framework that answers both of these questions.
By Ben Seal | January 4, 2018
The Pennsylvania Supreme Court has agreed to review whether a plaintiff can circumvent a state agency's right to enforce a statute by seeking to do so through common-law damages claims.
By Jason Grant | January 3, 2018
Justice Saliann Scarpulla has found there was no danger of irreparable injury to the plaintiffs, a group of dissenting limited partners in Starrett City who sued claiming the sales price was too low.
By Tom McParland | January 2, 2018
A federal appeals court on Tuesday rejected an attempt by a New Jersey-based debt collector to escape a proposed class action lawsuit over untimely debt collection.
By Steven A. Meyerowitz, Esq., Director, FC&S Legal | January 2, 2018
A federal district court in California has awarded more than $122,000 to an insured golf course based on the district court's interpretation of the word “and” in a commercial property insurance policy.
New York Law Journal | Analysis
By David B. Saxe and Danielle C. Lesser | January 2, 2018
David B. Saxe and Danielle C. Lesser write discuss 'Princes Point v. Muss Dev.', in which the Court of Appeals found that a prospective purchaser's commencement of an action seeking to rescind an amendment to a purchase agreement one month prior to the last day to close on the purchase did not constitute an unequivocal communication to the seller of the purchaser's intention not to perform. The result is a detour into an area of murky jurisprudence that may prove unsettling to the commercial bar that relies on the certainty of precedent and its application in a way that conforms to the realities of commercial practice.
By Scott E. Mollen | January 2, 2018
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Matter of the Home of The Sages of Israel," a case that illustrates the types of disputes which are occurring throughout the country among factions of religious congregations with respect to proposed sales of congregational properties.
Daily Business Review | Commentary
By Commentary by B. Michael Clark, Jr. | January 2, 2018
In Florida construction defect cases, does the statutory process embodied by Chapter 558 of the Florida Statutes, which is a condition precedent to commencing litigation, constitute a “suit” that must be recognized and adjusted by a contractor's liability insurer? That was the question that a federal appellate court put to the Florida Supreme Court.
By Rachel A. Mongiello | January 1, 2018
New Jersey courts have developed limitations on choice-of-law clauses in employment agreements, in order to prevent employees from losing the valuable protections of state employment statutes.
The Legal Intelligencer | Analysis
By P.J. D'Annunzio | December 29, 2017
The Third Circuit in 2017 decided a landmark civil rights case over a citizen's ability to record police officers in public, a decision that was immediately propelled to the forefront of the most significant legal rulings in the region.
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