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New York Law Journal

Attorney Fees; Untimely Tax Assessment Challenge: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Stempeck v. Townhouse West 83rd," dealing with attorney fees, and "Coscia v. Town of Greenburgh," involving an untimely tax assessment challenge proceeding.
13 minute read

Daily Business Review

'All the Way to a Jury': Big Names Gearing to Fight It Out in South Florida Courts

"There's been a slow evolution from several years ago with celebrities not wanting to live by the edict of 'any press is good press,'" Miami attorney Alejandro Brito said.
5 minute read

New York Law Journal

Brokers' Commission; Preferential Rent: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Besen Partners LLC v. 36 W. 128th, LLC," concerning a dispute over brokers' commission, and "201 East 164th Street Associates LLC v. Calderon," where the court found that the subject lease directly referenced a rider.
13 minute read

Daily Business Review

11th Circuit: Breach-of-Contract Suit Against Packer's Supplier Not Preempted by Federal Law

The U.S. Court of Appeals for the Eleventh Circuit ruled in a dispute between Florida poultry producers that a class action alleging violations of the state's fraud statute is not federally preempted.
4 minute read

The Legal Intelligencer

When Can Nonsignatories Arbitrate? Recent Cases Offer Guidance

Commercial arbitration is increasing in frequency and value. Recent cases have addressed two emerging issues. The first is whether a nonsignatory to an arbitration clause can compel or avoid arbitration. The second, more novel issue, is whether a nonsignatory can compel another nonsignatory to arbitration.
5 minute read

New York Law Journal

The Devil Is in the Details: Contractual Modification of Fiduciary Duties

The written word in a contract will almost always trump oral representations—especially where the contract includes language which merges any prior representation giving the document the last word on the parties' rights and obligations. However, cases continue to appear before the bench. In one such recent case, Stephanie Clegg v. Sotheby's, the plaintiff learned a hard lesson.
11 minute read

New York Law Journal

Southern District Awards $16.1 Billion in Damages Against Argentina for Breach of Contract Involving Oil Company Bylaws

In his Foreign Relations Law column, Samuel Estreicher discusses two cases out of the Southern District of New York, in which the court entered a judgment of $16.1 billion in damages against Argentina (one of the largest—if not the largest—judgments in the court's history) relating to conduct occurring nearly entirely outside the United States.
6 minute read

New York Law Journal

Frustration of Right To Tender Mortgage Arrears; Guaranty Agreements: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."
15 minute read

New York Law Journal

Remedies in Real Estate Transactions, Part 4: Damage Limitations

In this last article of her four-part series, Adrienne Koch discusses two types of provisions parties use to limit actual damages— waivers of consequential damages, and waivers of the right to seek money damages altogether.
6 minute read

Daily Report Online

International Auto Sues SDV Command for Alleged Breach of Contract

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

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