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New York Law Journal

Board of Mgs. of Renaissance E. Condominium v. Benyaminov

By | March 29, 2017
No Evidence Exists Money Was Improperly Held from Tenants in Breach of Agreement
3 minute read

The Legal Intelligencer

McMullen v. Genesis Healthcare, Inc., PICS Case No. 17-0411 (C.P. Lycoming Feb.28, 2017), Gray, J. (13 pages).

By | March 24, 2017
Where a competent nursing home patient authorized her husband to sign documents relating to her admission to the facility, she did not authorize him to sign an optional arbitration agreement, so the court refused to enforce the arbitration provision. The court ordered certain overly broad and impertinent allegations stricken.
6 minute read

The Legal Intelligencer

Court: Prejudgment Interest Doesn't Preclude Liquidated Damages

An award of prejudgment interest under a breach of contract claim for unpaid wages does not bar a plaintiff from also recovering liquidated damages under the Wage Payment and Collection Law, a deeply divided Pennsylvania Superior Court en banc has ruled.
13 minute read

New York Law Journal

Delfasco, LLC v. Webb-Stiles Co

By | March 24, 2017
Court Dismisses Action for an Accounting, The Parties Have No Fiduciary Relationship
3 minute read

New Jersey Law Journal

Suit Against Cosmetics Website Held Futile Without Showing of Harm

A suit asserting violations of New Jersey's Truth in Consumer Contract, Warranty and Notice Act by cosmetics website LushUSA.com has been dismissed because the plaintiff did not suffer any actual harm, according to the court opinion tossing the case.
9 minute read

New York Law Journal

Friedman v. Burns

By | March 23, 2017
Court Grants Order to Enforce Stipulation of Settlement; Issue Remains as to Performance
3 minute read

New York Law Journal

Sybron Canada Holdings, Inc. v. Niznick

By | March 23, 2017
Joint Venture Majority Owner Can Exercise Employment Call Option Buyout
3 minute read

New York Law Journal

Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.

By | March 23, 2017
Fraudulent Inducement Claim Fails to Show Any False Statement as to Collateral Matters
3 minute read

New York Law Journal

Appeals Court Set to Eye Uber's Drive to Steer Price-Fixing Dispute to Arbitration

Whether users of Uber's ride-hailing app have proper notice that they are waiving their right to a jury trial when they register and later decide to sue the company's service will be a central issue in oral arguments before the U.S. Court of Appeals for the Second Circuit on Friday.
17 minute read

Daily Report Online

Insurer Settles Bad Faith Claim Over Denial of Coverage in Fatal Bar Brawl

A convoluted case stemming from a brawl that left a man dying in a McDonough bar's parking lot has settled eight years later with the tavern's insurer, Occidental Fire and Casualty, agreeing to pay $7.8 million. The settlement nearly matches a default judgment entered against the bar after Occidental refused to defend the original case, which led to a bad-faith suit against the insurer.
8 minute read

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