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
  • 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
  • BMW Group v. Castle Oil – Kornreich dismisses building owners' second amended complaint for failure to state a cause of action in putative class action over delivery of allegedly adulterated fuel oil (Justice Shirley Werner Kornreich)
    September 12, 06:24 PM EDT
  • Jan Arnett v. Charles Morgan Securities – On statute of limitations grounds, Schweitzer dismisses plaintiff's claims for tortious interference with contract and breach of fiduciary duty in action to recover payment on note (Justice Melvin L. Schweitzer)
    September 12, 06:19 PM EDT
Case Motions
  • Metro Woodworking v. Hunter Roberts Construction Group – Defendants oppose plaintiff's motion to reargue court's granting motion to dismiss action in which subcontractor seeks to recover $933K for alleged work done for Battery Park City construction project (Duane Morris) (Justice Charles E. Ramos)
    September 12, 06:36 PM EDT
  • Cornwall Management v. Peter Kambolin – Defendant moves for leave to reargue denied motion to dismiss in action alleging individual obligors operated as alter egos, in debtor-creditor action over Williamsburg real estate venture (Olshan Frome Wolosky) (Justice Melvin L. Schweitzer)
    September 12, 06:34 PM EDT
  • FCRC Modular v. Skanska Modular – Plaintiff moves for preliminary injunction to restore status quo and for expedited discovery in action alleging defendant wrongfully furloughed its entire union labor force without approval from board (Kramer Levin Naftalis & Frankel) (Justice Saliann Scarpulla)
    September 12, 06:32 PM EDT
  • Anthony DeGrotta v. Neil Binder – Coldwell Banker, franchisor and creditor to entities owned by both parties, moves for OSC to join in relief seeking appointment of receiver in dispute between owners of real estate entities (Forman Holt Ellades & Youngman) (Justice Saliann Scarpulla)
    September 12, 06:31 PM EDT