Scott E. Mollen Realty Law Digest
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Angel v. Strulovich," and "Rainford Mgmt. Corp. v. 207 Van Buren."
August 25, 2020 at 02:53 PM
14 minute read
Notices of Pendency—Breach of Contract—Conversion—Breach of Fiduciary Duty –Fraud—Constructive Trust—RICO—Unjust Enrichment—Violation of Debtor Creditor Law—Accounting—Motion To Vacate 28 Notices of Pendency Denied
A notice of pendency (NOP) "provides constructive notice of an action where the judgment may affect the title to real property…." A NOP may be filed in a "constructive trust action only where the plaintiff seeks to impose a trust on the defendant's actual real property." Where the "res of the prospective trust is not real property, then a (NOP) is not available…." Thus, appellate authority held a NOP is unavailable "where the res sought were really interests in various corporations."
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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