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New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | September 30, 2019
In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss a recent trial level decision that addressed what appears to be a new approach by some health care providers to impede potential malpractice actions before rendering treatment. In a detailed analysis reminiscent of the decisions assessing exculpatory releases, Justice Sanford N. Burland concluded that the challenged provisions were unenforceable.
By Lidia Dinkova | September 27, 2019
The building owner and a cigar shop that wanted to open are suing each other, claiming the other didn't live up to its obligations under the lease for the historic property.
New York Law Journal | Analysis
By Ronald K. Gardner | September 27, 2019
In this Franchising column, Ronald K. Gardner writes: While franchising works for a lot of people, when it doesn't work, the system has evolved to a place where it is the franchisee that carries the vast majority of the financial risk—for it is the franchisee that holds the lease or the mortgage, the franchisee that owes the taxes, and the franchisee that signs the personal guarantees.
By P.J. D'Annunzio | September 26, 2019
"We hold a non-breaching party to a contract may, by its conduct following a breach, conclusively elect its remedy and be bound by it to one theory for recovery of damages," Justice Kevin Dougherty wrote for the majority.
By Tom McParland | September 26, 2019
Justice O. Peter Sherwood knocked out key claims in a lawsuit by Rocawear co-founder Norton Cher's YRN LLC, which sued the Georgia-based trio and Migos LLC for breach of contract in May 2018.
By Tom McParland | September 24, 2019
The U.S. District Court for the Southern District of New York has unsealed an award from a New York arbitration panel that directs Hewlett Packard Enterprise Inc. to pay $666 million to a technology firm in a massive accounting dispute.
The Legal Intelligencer | News
By Max Mitchell | September 23, 2019
Thrivest filed a petition for a writ of mandamus with the Third Circuit last week, saying the district court and class action claims administrator are not following the appeals court's April ruling, which prevented the nullification of lending agreements in their entirety.
By Jenna Greene | September 23, 2019
In the wake of the diesel emissions scandal, VW customers and dealers came out just fine. But the frontline salespeople? Not so much. Rule 9(b) is a cruel master.
By Alaina Lancaster | September 19, 2019
Content-marketing company Stackla alleges that Facebook revoked the company's access to its platforms to protect its own reputation in light of Cambridge Analytica backlash, not for any legitimate violations of their agreement.
By Lidia Dinkova | September 19, 2019
The developer, general contractor and subcontractor are litigating issues a year after the building opened.
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McCarter & English, LLP is seeking litigation attorneys for our Newark, NJ offices. Candidates must have 3-6 years of law firm experien...
McCarter & English, LLP is actively seeking a corporate associate for its office located in Boston, MA. Candidate must have 2 - 5 years ...
McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...
