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
  • 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
  • Dmitry Markov v. Spectrum Group International – In action seeking $2 million in damages following an alleged misrepresentation about an antiquity, Ramos denies dismissal of fraud claim, but grants dismissal of negligence, conversion and unjust enrichment claims (Justice Charles E. Ramos)
    January 23, 11:44 AM EST
Case Motions
  • Zvika Klepar v. Unpakt – In $20 million derivative action alleging misappropriation of trade secrets and confidential information, defendants move to dismiss and compel arbitration pursuant to the shareholders' agreement (Justice Lawrence K. Marks)
    January 26, 03:14 PM EST
  • Weeplay Kids v. Wendy Aquino – In $3.5 million action alleging embezzlement by former controller, plaintiffs move for attachment, asserting a high probability of success and citing CPA's forensic examination confirming defendant's misappropriations (Justice Shirley Werner Kornreich)
    January 26, 03:10 PM EST
  • Katzrin Finance Group v. Arcapex – In recovery of $4 million investment from payday lending venture, law firm defendant moves for summary judgment, asserting malpractice claim fails in the absence of "but for" causation and arguing plaintiffs knew information counsel failed to detect (Justice Melvin L. Schweitzer)
    January 26, 03:09 PM EST
  • GEM Holdco v. Changing World Technologies – In action between shareholders over for the sale of equity interest, certain defendants move to reargue denial of disqualification of co-defendants' counsel Schlam Stone & Dolan and stay discovery pending resolution of appeal (Justice Shirley Werner Kornreich)
    January 26, 03:07 PM EST