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Plaintiffs' Fraud, Unjust Enrichment Claims Dismissed for 'Improper Group Pleading'
Appellate Division, First Department: March 31, 2022
Appellate Division, First Department: February 24, 2022
Appellate Division, Second Department: January 12, 2022
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Update On Bankruptcy Appellate Practice: Part One — Appellate Standing
Recent cases show that appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect and finality, among other things. The following overview, in a series of installments, shows what the courts have been addressing during just the past three years. This first installment will cover appellate standing.Hotel Workers' Claim Is Viable Under Displaced Building Service Workers Protection Act
Appellate Division, First Department: November 16, 2021
Second Circuit Applies Federal Bankruptcy Law, Not Securities Law, In Madoff SIPA Liquidation
The Second Circuit applied federal bankruptcy law when holding that good faith is an affirmative defense.Promissory estoppel and negligent misrepresentation counterclaims failed where holder of stranger-owned life insurance policy could not succeed on a legal claim to require insurer to pay out on the illegal and void policy.
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