Panel Affirms Dismissal of Suit Over Kenneth Cole Deal

The Appellate Division, First Department, unanimously affirmed the dismissal of a minority shareholder challenge to a going-private deal by Kenneth Cole Production's majority shareholder, Kenneth Cole.

 

Analysis of Case Disqualifying Plaintiffs' Counsel

On October 20, 2014, Justice Eileen Bransten of the New York County Commercial Division issued a decision in Anderson & Anderson LLP-Guangzhou v. North American Foreign Trading Corp., 2014 NY Slip Op. 51530(U), disqualifying plaintiffs' counsel under the attorney-witness rule and his firm under the former-client rule.

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Case Motions
  • Norex Petroleum v. Leonard Blavatnik – In $1 billion action alleging illegal takeover of Russian oil firm, plaintiff moves in opposition to five defendants' motions to dismiss, asserting there is personal jurisdiction because co-conspirators allegedly committed torts within the state. (Justice Eileen Bransten)
    November 26, 12:00 AM EST
  • WA Route 9 v. PAF Capital – In dispute over loan modification agreement, fourth-party defendants move for protective order shielding from disclosure communications with counsel on the assertion they are privileged and reflect legal, not business, advice (Justice Charles E. Ramos)
    November 24, 01:52 PM EST
  • Craig Rose v. The Hertz Corporation – In class action alleging Hertz improperly charged $15 administration fee, Hertz moves to dismiss, arguing plaintiffs fail to identify provision of contract breached, and instead based claim on provisions the contract should have included (Justice Lawrence K. Marks)
    November 24, 01:48 PM EST
  • Weeplay Kids v. Wendy Aquino – In $3.5 million action alleging embezzlement by former controller, defendant JPMorgan Chase moves to dismiss, asserting that commercial bad faith claim was not pleaded with requisite particularity (Justice Shirley Werner Kornreich)
    November 24, 01:45 PM EST