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Aiding and abetting clause plausibly alleged as to sellers' advisors where they were involved in due diligence and thus plausibly could have assisted sellers in withholding material information, which breached representations and warranties.
Appeals & Motions List released on:October 5, 2023
Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie
Plaintiff brought the underlying personal injury action against defendants alleging that defendants were responsible for developing, manufacturing, marketing, and distributing proton pump inhibitor products that were unsafe, defectively designed, lacked proper warnings, and were unfit to be marketed and sold in the United States. Defendants individually and collectively moved to dismiss the claims. Plaintiff brought the case as administrator of a health care plan directly and as subrogee of its members' claims for a variety of injurie
Appellate Division, First Department: February 15, 2022
Plaintiffs adequately stated a claim for breach of the implied covenant of good faith and fair dealing in this wrongful termi-nation case, but the court granted defendants' motion to dismiss certain breach of contract, unjust enrichment and Wage Act claims.
Appellate Division, First Department: February 9, 2021
Appeal of Order Vacating Releases, Dismissing Assumption of Risk Claim Not Warranted
Cite as: Axis Ins. Co. v. Stewart, 7:15-CV-1131, NYLJ 1202764833500, at *1 (NDNY, Decided July 29, 2016) 7:15-CV-1131p class=
The full case caption appears at the end of this opinion.OPINION KRUPANSKY, Circuit Judge. The plaintiff-appellant Pik- Coal Company ("Pik"), an Indiana corp
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