0 results for 'Buchanan Ingersoll'
Court affirmed FINRA arbitration award, rejecting plaintiffs' arguments in support of their motion to vacate where the award was based on applicable statutory law and a reasonable interpretation of FINRA rules, and where the court lacked authority to reweigh the evidence.
Rabbinical and Supreme Court Separate Jurisdictions, Marriage Recognized in New York
Real Estate Settlement Procedures Act claim failed where qualified written request did not seek servicing information but instead demanded the original, ink-signed note for the mortgage to prove the servicer's right to collect mortgage payments.
Defendant Was Not Acting as Singer's Attorney During Agreement Negotiations
PREP Act immunity did not apply to complaint alleging ordinary negligence by a nursing home in failing to take steps to prevent the spread of COVID-19 to residents.
Appeals & Motions List released on:June 29, 2023
Handdowns released on:June 16 & 21, 2023
Preliminary injunction to enjoin distribution of settlement funds pursuant to the parties' agreement denied where there was no support in the parties' contract for plaintiff's claim of breach and thus plaintiff was unlikely to succeed on the merits.
Nursing home was not entitled to PREP Act immunity for resident's death from COVID-19 where complaint alleged ordinary acts of negligence that led to the resident's death and did not necessarily implicate the administration or use of "covered countermeasures" as a cause of or contributing factor to the resident's death.
Court lacked subject matter jurisdiction to resolve procedural arbitrability claims where those claims did not implicate the fundamental fairness of the arbitration as the parties' contract expressly gave one side the ability to appoint both arbitrators after the other party had expressly refused to appoint its own arbitrator.
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