Judge: No Basis for Economic Damages in Fuel Oil Suit

null A 'theoretical defect' is an insufficient basis for a damages claim, Manhattan Supreme Court Justice Shirley Kornreich said in a decision dismissing a putative commercial class action suit over the delivery of supposedly inferior heating oil.

 

Rule Changes Will Foster Efficiency and Predictability

Margaret A. Dale and David M. Jacobson of Proskauer Rose survey the new Commercial Division rules that have been adopted and other potential changes outlined in the Task Force Report that would produce greater efficiency and cost predictability.

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Presented by Big Voodoo
Decisions
  • Fisher Sigerson Morrison v. Kari Sigerson – In employment contract dispute between shoe designer and former employees, Kornreich grants partial summary judgment motions from claims and counterclaims arising from allegations of breach (Justice Shirley Werner Kornreich)
    September 16, 11:48 AM EDT
  • Prime Properties USA 2011 v. Laura Richardson – Schweitzer grants motion to dismiss based on forum non conveniens, ruling that prior French action predated New York action (Justice Melvin L. Schweitzer)
    September 16, 11:41 AM EDT
  • Chaos Commerce v. Suren Khaimov – Ramos denies online retailer's motion to preliminarily enjoin former employee from working for supplier, finding that contact information defendant allegedly took is not protectable as trade secret (Justice Charles E. Ramos)
    September 12, 06:44 PM EDT
  • Goldman Sachs v. CVR Energy – Sherwood grants motions for summary judgment by Goldman and Deutsche Bank to enforce $37M sale transaction fees, ruling CVR breached investment banking contracts (Justice O. Peter Sherwood)
    September 12, 06:41 PM EDT
Case Motions
  • Founders Oneida v. William A. Wilson – Founders Oneida move in further support of motion to confirm $1.2M arbitration award, disputing respondent's three reasons for vacatur including failure to deem plaintiff's claims untimely (John H. Snyder) (Justice Melvin L. Schweitzer)
    September 16, 12:05 PM EDT
  • CDC Group v. New Silk Route PE Asia Fund – In action to enforce plaintiffs' rights as fund's limited partners, defendants move in opposition to plaintiffs' motion to preliminarily enjoin settlement based on arguments set forth in other action (Kirkland & Ellis) (Justice Charles E. Ramos)
    September 16, 12:02 PM EDT
  • *In the Matter of the Application of Jared E. Carmel – Petitioner Carmel seeks preliminary injunctive relief to prohibit defendants from taking action to allegedly dilute his one-third ownership of Class B common stock (Sichenzia Ross Friedman Ference) (*case referred to mandatory mediation 9/15) (Justice Shirley Werner Kornreich)
    September 16, 11:59 AM EDT
  • Jamie Suprina v. GFI Group – Stockholder class action claimants move to consolidate actions and appoint leadership structure in action related to $580M acquisition of wholesale brokerage (Faruqi & Faruqi; Kahn Swick & Foti ) (Justice Eileen Bransten)
    September 16, 11:55 AM EDT