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Yes, There Are Times When You Can Recover More Than the Policy Limit From Your InsurerWhen your insurer's refusal to pay your claim ruins your business, you may be able to recover more than the policy under New York law, explains Jonathan Cooper
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This is Not What a Breach of Contract Action is ForYesterday, I had a most disturbing conversation with a prospective client on a breach of contract matter. Our conversation ended poorly.
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Can an Email Alone Be Enough To Get a Case Dismissed in NY?Earlier this year, NY's Court of Appeals weighed in on whether an email alone can suffice as documentary evidence to warrant the early dismissal of a lawsuit
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How Negligence versus Breach of Contract Can Be the Difference Between Winning and Losing Your CaseIn this realm, NY's courts will usually impose either a negligence or breach of contract theory upon the parties. The distinction can mean winning or losing
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When a Third Party Can Recover for Breach of Contract in NYThere are two limited instances where New York's courts have permitted a third party beneficiary (as opposed to a direct party) to recover in breach of contract
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Can You Be Liable for Hurting a Seller's Amazon Ranking?A May 18, 2018 filing in a NY Federal Court raises the question as to whether you can be liable in breach of contract for hurting a retailer's Amazon ranking
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How Avenatti is Making the Wrong Argument in NDA Breach CaseObjective analysis reveals that Stormy Daniels's attorney is clearly making the wrong argument for why her NDA with Trump shouldn't be enforceable
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NY Court: Suing to Rescind Contract Doesn't Equal BreachA few months ago, NY's Court of Appeals issued an important - and correct - ruling that suing to rescind a contract doesn't constitute an anticipated breach
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The Distinction Between Hold Harmless and Additional Insurance Requirements is HugeIn the construction context, parties have tried to seek "hold harmless" and/or an additional insurance requirement from contractors. The distinction is critical
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Can Work Done in the Past Support a New Agreement?A recent decision by one of New York's appellate courts highlights how a plaintiff lost what should have been a very winnable breach of contract case
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How to Prove a Breach of Contract Case in New YorkWhat are the basic elements of a contract, and what you need to prove in the event that the contract is breached in order to win your case?
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When Corporate Officers Can Be Held Personally Liable in NYA recent decision from a NY Appeals court serves as an important reminder - and warning - that corporate immunity isn't always there for the asking
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