Court Removes Attorney Who Will Be Called as Witness

Running afoul of the advocate-witness rule, an American lawyer based in China lost his bid to remain as counsel in a case that his China-based firm brought against a former client for unpaid fees.

 

General Jurisdiction in New York After 'Daimler'

George Bundy Smith and Thomas Hall write: Recent Commercial Division decisions make clear that the new standard set forth under Daimler v. Bauman has reduced the reach of New York courts' general jurisdiction over non-domiciliary corporations by providing only a 'limited set of affiliations' that can now confer general jurisdiction.

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Presented by Big Voodoo
Decisions
  • Nancy Ullmann-Schneider v. Lacher & Lovell-Taylor – Marks denies order to show cause to recuse himself, saying the court is unbiased despite its refusal to allow defendant to store documents in the court in action against law firm (Justice Lawrence K. Marks)
    October 29, 05:29 PM EDT
  • HolidayNet v. Latin Quarter NY – JHO Ira Gammerman limits damages to plaintiff for refund and expense related to breach of party planner contract and denies consequential damages, including legal fees, as not covered by the contract. (Justice Shirley Werner Kornreich)
    October 28, 12:14 PM EDT
  • Interventure 77 Hudson v. Howard E. Hallengren – Schweitzer denies dismissal in real estate breach of fiduciary duty action as New York is a convenient forum and the court has personal jurisdiction over the matter (Justice Melvin L. Schweitzer)
    October 27, 04:55 PM EDT
  • Jonathan Paley v. Curious Holding – Scarpulla denies summary judgment as issues of fact exist regarding the value of equity interest earned by plaintiff, former employee, and whether defendant's contact with plaintiff's new business amounted to tortious interference. (Justice Saliann Scarpulla)
    October 27, 04:29 PM EDT
Case Motions
  • Hudson Bay IP Opportunities Master Fund v. Worlds – In action alleging breach of anti-dilution protection of exercise price of warrants for shares in defendant, plaintiff investor moves for preliminary injunction seeking delivery of shares (Greenberg Traurig) (Justice Lawrence Marks)
    October 30, 02:22 PM EDT
  • Aecos v. Wasa – In $988,000 breach action involving provision of architectural work for pre-construction bid documents, counterclaim defendant, construction consultant moves to dismiss counterclaims asserted by defendant (Gogick Byrne & O'Neill) (Justice Shirley Werner Kornreich)
    October 30, 02:12 PM EDT
  • Philippe Maestracci v. Helly Nahmad Gallery – Plaintiff, heir of former owner of Modigliani painting, moves for pre-trial discovery to preserve relevant information in action for recovery (McCarthy Fingar) (Justice Eileen Bransten)
    October 30, 02:06 PM EDT
  • Scott Sozio v. TAC Sponsor – Plaintiff, minority owner of carried interest in profits from sale of time share operator, moves to dismiss counterclaims because counterclaimant is neither defendant nor represented by defendant (Scarola Malone & Zubatov) (Justice Marcy S. Friedman)
    October 30, 02:03 PM EDT