Orbitz Defenses in $12M Contract Spat Fail to Lift Off

null Travel and hotel booking site Orbitz must pay more than $12 million to marketing firm Trilegiant for ending an agreement that provided for a type of online marketing later rendered illegal by Congress, Manhattan Supreme Court Justice Charles Ramos has ruled.


Summer of Rule Changes in the Commercial Division

null Lisa Gerson writes: The past four months have seen the most changes to the Commercial Division rules of any year since the initial adoption of Section 202.70 in 2006. These changes include amendments to the jurisdictional requirements, changes to procedure, and additions to rules of discovery.

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Presented by Big Voodoo
  • Sumitomo Mitsui Banking v. Credit Suisse – Sherwood grants Credit Suisse's summary judgment motion, finding the parties' refinance of a troubled bridge loan entitled plaintiff to only its pro rata share of distribution under the secured debt and not additional cash disbursements (Justice O. Peter Sherwood)
    August 22, 07:59 PM EDT
  • Robyn Asimov v. Trident Media Group – Kornreich dismisses breach of contract complaint brought by co-executors of estate of author Isaac Asimov against literary service agency (Justice Shirley Werner Kornreich)
    August 22, 07:51 PM EDT
  • James L. Melcher v. Greenberg Traurig – Sherwood denies plaintiff's request to substitute as plaintiff a shell entity, ruling that the substitution would be prejudicial to the defendant as the plaintiff would be insulated from the litigation (Justice O. Peter Sherwood)
    August 22, 07:49 PM EDT
  • Fuchsia Limited v. Madison 55 – Friedman denies defendant's motion to dismiss, finding material issues of fact exist and that plaintiff's complaint sufficiently pleads causes of action (Justice Marcy S. Friedman)
    August 22, 07:47 PM EDT
Case Motions
  • 37 East 50th Street v. Restaurant Group Management Services – Defendant restaurateurs move for summary judgment, asserting breach of contract counterclaims in dispute over management of steakhouse (Pryor Cashman) (Justice Melvin L. Schweitzer)
    August 22, 07:58 PM EDT
  • J.B. International v. Kurt Wayne – Plaintiff moves for order seeking possession of defendant's inventory to partially recover judgment in dispute over consignment of $1.8M worth of diamonds (Hogan Lovells US; Reavis Parent Lehrer) (Justice Eileen Bransten)
    August 22, 07:57 PM EDT
  • Deutsche Bank Trust Company Americas v. HPM Partners – Financial services firm moves to dismiss Deutsche Bank's complaint for aiding and abetting breach of fiduciary duty and tortious interference for failure to state a claim (Quinn, Emanuel, Urquhart & Sullivan) (Justice Marcy S. Friedman)
    August 22, 07:56 PM EDT
  • Stuart D. Goldstein V. Jeffrey S. Pikus – Plaintiff real estate developer moves for partial summary judgment to declare that operating agreement alone controls plaintiff's operation and defendant's authority is limited to sale and financing of property (Warshaw Burstein) (Justice Charles E. Ramos)
    August 22, 07:54 PM EDT