New Rule Requiring Specificity in Discovery Objections

A new Commercial Division rule may end the problem of generic responses to discovery demands. The rule will require specifics about why parties object to turning over documents.

 

The Enforceability of No-Waiver Provisions in Commercial Leases

As with any other provision in a negotiated commercial lease between sophisticated parties of relatively even bargaining power, courts will generally enforce "no waiver" provisions. Nevertheless, courts sometime hold ? again, as with any other commercial lease provision -- that no-waiver provisions can themselves be waived.

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Presented by Big Voodoo
Decisions
  • U.S. Bank National Association v. DLJ Mortgage Capital – In RMBS put-back action, Friedman grants partial dismissal of the complaint, including denying rescissory damages as outside the parties' PSA and denying breach of implied covenant as duplicative of the surviving breach of contract claim (Justice March S. Friedman)
    January 27, 10:14 AM EST
  • TLM Realty v. Phil Glick – Scarpulla grants dismissal of breach of contract and negligence claims involving D&O Insurance, holding plaintiff failed to establish that a "special relationship" existed between the parties (Justice Saliann Scarpulla)
    January 26, 02:53 PM EST
  • Walison v. Abbey Manor Special Needs Apartments – In breach of contract action involving construction loan, Oing denied plaintiff contractor's request for restraining order preventing a draw on a line of credit and injunctive relief (Justice Jeffrey K. Oing)
    January 26, 02:50 PM EST
  • Zohar CDO 2003-1 Limited v. Xinhua Sports & Entertainment – In breach of credit-agreement action, Ramos grants dismissal as to co-defendant for failure of plaintiff to establish the elements of fraudulent inducement (Justice Charles E. Ramos)
    January 23, 11:47 AM EST
Case Motions
  • WA Nexos Holdings v. Nexos Capital Partners – In action alleging non-payment of $1.25 million loan to investment firm, third-party defendant moves to dismiss defendant's third-party complaint alleging defendant's founding principal aided and abetted breach of fiduciary duty (Justice Lawrence K. Marks)
    January 27, 01:10 PM EST
  • Commonwealth Foreign Exchange v. Margaret Eschmann – In action alleging breach of non-compete and non-solicitation provisions of employment agreement, plaintiff foreign-exchange-services firm moves for stay pending outcome of arbitration as well as to compel arbitration of counterclaims (Justice Jeffrey K. Oing)
    January 27, 01:09 PM EST
  • Beatrice Investments v. 940 8th Avenue – In action alleging breach of right to access financial information involving $8 million investment in real estate venture, defendants oppose plaintiffs' OSC to file amended complaint, asserting failure to include evidentiary proof (Justice Shirley Werner Kornreich)
    January 27, 10:32 AM EST
  • First Central Savings Bank v. Parentebeard – In $1 million negligence and accounting malpractice action, defendants move to dismiss, asserting malpractice and negligence claims are barred by limitation-of-liability clause in engagement letter (Justice Shirley Werner Kornreich)
    January 27, 10:26 AM EST