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Law.com

Elderly Couple's Suit Against JPMorgan Chase Claiming More Than $20M in Losses Limited to Bench Trial

"Although we are disappointed with the decision, we look forward to moving swiftly ahead with a bench trial before Judge Kelley and getting the Doelgers the justice they deserve," the plaintiffs' lead attorney, James R. Serritella, a partner with Kim & Serritella, told Law.com.
5 minute read

Daily Report Online

'They Sued Her to Make an Example': Employer's Stay-or-Pay Clause Under Fire

"They sued her for $820,000 which is nearly four times what she made as a part-time worker," said Dax Lopez of DelCampo Grayson Lopez in Dunwoody. "They sued her, I think, more so to make her an example to other doctors trying to leave."
6 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

Texas Lawyer

Ex Parte Communication Does Not Necessarily Terminate a Settlement

Had the trial court decided Tran violated the professional ethics rule and sanctions were warranted, "the Mai parties still would not have raised a question of material fact as to whether the settlement agreement remains enforceable," Chief Justice Tracy Christopher wrote.
4 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

Microfilm and a Retired Jewel Thief: How To Prove That $15-$20M Sapphire Belongs to Your Client

The self-described "retired" jewel thief, who was once part of an international heist network known as the Pink Panthers, agreed to sit for a deposition out of revenge.
10 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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