it, bar her claim for attorneys’ fees: Carter’s initial submission to FINRA specified that she was acting , inter alia, pursuant to the Racketeer Influenced & Corrupt Organizations Act (RICO), 18 USC 1961, et plaintiff was not precluded from seeking attorneys’ fees pursuant to the Connecticut Unfair Trade Practices Act

with CPLR 3408 , which requires mandatory settlement conferences in residential mortgage foreclosure actions The statute was later amended to apply to all residential foreclosure actions involving a primary residence Among the requirements of CPLR 3408 is that the parties act in good faith to reach a resolution.  Nonetheless, in June of 2017, lender commenced a foreclosure action.  CPLR 3408 requires the parties in a residential foreclosure action to attend settlement conferences at

On occasion, we have posted articles concerning vacatur under the Federal Arbitration Action (“FAA”). against him based upon his race and national origin and retaliated against him for engaging in protected activity arbitrator concluded that respondents ‘did not understand’ petitioner’s complaints to be protected activity Thus, so long as the arbitrator acts within the scope of his/her contractually delegated authority, his Under the cat’s paw theory, “an employee is fired or subjected to some other adverse employment action

Thereafter, Plaintiff sued Defendant, asserting causes of action for breach of contract, fraudulent inducement Plaintiff also claimed that Defendant proffered no documentary evidence to refute Plaintiff’s claim of active violations relating to the elevator, which violations were publicly available:  Plaintiff cannot claim active The mere silence of the seller, without some act or conduct which deceived the purchaser, does not amount to a concealment that is actionable as a fraud. 5 In 228 W. 72 , the Court held that, with respect to

American Bldg. Supply Corp. v. However, as in any contract action, “actual damages are not an essential element” of the claim. the breach of contract claim, the motion court dismissed the claim because plaintiffs did not allege actual under the alleged contract: “the former < i.e. , the fraud and negligent misrepresentation cause of action > i.e., the fraud and negligent misrepresentation cause of action>, concerns a duty of advisement extending

(“BML” or “Plaintiff”) filed an action against China Construction America Inc. The motion court (Scarpulla, J.) rejected BML’s argument, noting that the claims actually arose under American Indus. Partners , 96 A.D.3d 646, 649-650 (1st Dept 2012). BML alleged that CCA, acting as China State, failed to advise the Board of its findings and concerns Those circumstances arise, said the Court, when the non-signatory “either acted in a way that evinced

Last month, the Second Circuit reinstated a securities class action against Alibaba Group Holding Ltd plaintiffs failed to state a claim for which relief could be granted under the Securities Exchange Act of 1934 (the “Exchange Act”) ( Here .). concluded that the plaintiffs alleged “strong circumstantial evidence” of scienter – that is, Alibaba acted communicated by the” Chinese government, thus “powerfully support a strong inference that the Defendants acted

Dec. 09, 2025), we examine the actionability of appraisals. In Olshan Frome Wolosky, LLP v. Allegedly acting on Petrokansky’s advice, Wright filed for Chapter 13 bankruptcy on March 5, 2018, to Following this transaction, the court discontinued the foreclosure action and canceled the notice of in New York County Supreme Court (collectively, the “Actions”).  Generally, appraisals are treated as opinions, not actionable statements of fact.

the evidentiary hearing, which the Tribunal denied.” [1] The Motion for Discovery Unlike in a plenary action   The grounds for vacating an arbitration award are limited and set forth in the Federal Arbitration Act

BH 336 Partners  is an action alleging fraud and fraudulent inducement in connection with a series of They also referenced a separate AG civil enforcement action against former Newcastle Head of Operations Plaintiffs commenced the action on August 9, 2023, asserting claims for fraud and fraudulent inducement Nothing in that complaint, noted the motion court, alleged or suggested that Drumheller acted at the The Moving Defendants also maintained that the Complaint failed to state a cause of action for fraud

Generally, “a valid release constitutes a complete bar to an action on a claim which is the subject of release.” 2 If “the language of a release is clear and unambiguous, the signing of a release is a ‘jural act Silver Point brought suit, asserting causes of action for (i) common law fraud , (ii) fraudulent inducement law, when sophisticated investors negotiate against a fiduciary and understand that a fiduciary is acting It is simply not credible to believe — and nor does it allege — that it believed that Riviera was acting

noted in prior Blog articles, RPAPL 1304 requires that at least ninety days before commencing legal action may be commenced after ninety days if no action is taken to resolve the matter. On borrowers’ default in 2010, lender commenced its foreclosure action in 2012.  2022, by the Appellate Division, Second Department In 2007, borrower borrowed $350,000 from Bank of America Lender commenced its foreclosure action after borrower’s default.