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(Citation, internal quotation marks and brackets omitted.)  Under the doctrine of anticipatory repudiation, where one party repudiates its contractual obligations (Citations, internal quotation marks and brackets omitted.) Under the election of remedies doctrine “when one party breaches a bilateral contract, the other party (Citation and internal quotation marks omitted).  

there were issues of fact as to whether the Successor Entities were liable under the de facto merger doctrine “The de facto merger doctrine creates an exception to the general principle that an acquiring corporation Courts consider the following factors to determine whether the de facto merger doctrine applies: (1) The de facto merger doctrine is rooted in equity and exists “to ensure that a source remains to pay motion court found that there were questions of fact regarding the application of the de facto merger doctrine

Haber The Duplication Doctrine is well-known to readers of this Blog. In a nutshell, the doctrine holds that “ cause of action for fraud does not arise when the only fraud Dec. 1, 2020) ( here ), a case in which the plaintiff avoided the duplication of claims doctrine by alleging We have also written about the damages aspect of the doctrine. Pier A Battery Park Assocs., LLC , 2022 N.Y. Slip Op. 04127 (1st Dept.

Thus, for example, fraudsters used social media, the Dark Web, Ponzi-like techniques, and the closeness , of Redondo Beach, California, with perpetrating a fraudulent scheme to sell “insider tips” on the dark This is the SEC’s first enforcement proceeding involving alleged securities violations on the dark web In its complaint (here), the SEC alleged that, in late 2016 and 2017, Jones accessed various dark web The SEC alleged that, in the spring of 2017, Jones offered and sold on one of the dark web marketplaces

An arbitration award may also be vacated under federal law pursuant to the “severely limited doctrine enumerated bases under Section 10 of the FAA and CPLR 7511(b) or acted with manifest disregard of the law, a doctrine Under that doctrine, even errors or misinterpretations of law are insufficient grounds for vacatur. arbitration award may be vacated under the FAA, CPLR 7511(b), and the manifest disregard of the law doctrine We have examined the vacatur of arbitral awards under the manifest disregard of the law doctrine on numerous

The decision also addresses, though not in any detail, the doctrine of frustration of performance. Seward Park Hous.

period or the six-year limitations period applies, the period may be tolled under the continuous wrong doctrine Under the doctrine, “ here there is a series of continuing wrongs,” the statute of limitations is tolled “The doctrine ‘may only be predicated on continuing unlawful acts and not on the continuing effects of “The doctrine is<, therefore,> inapplicable where there is one tortious act complained of since the Finally, the Court rejected the argument that the continuing wrong doctrine tolled the statute of limitations

Collateral Estoppel The doctrine of collateral estoppel prevents a party from relitigating an issue that The doctrine applies when: “(1) the issues in both proceedings are identical, (2) the issue in the prior Collateral estoppel “is a doctrine intended to reduce litigation and conserve the resources of the court The doctrine is an equitable defense “grounded in the facts and realities of a particular litigation, As discussed above, the collateral estoppel doctrine will preclude a party from relitigating an issue

have vacated arbitral awards when an arbitrator manifestly disregards the law.[2] Importantly, the doctrine does not apply to the facts.[3] Application of the doctrine is limited.[4] It is a doctrine of last the governing law by refusing to apply it.”[9] The petitioner bears a heavy burden when invoking the doctrine upon which an arbitration award may be vacated under the FAA and the manifest disregard of the law doctrine The Arbitrator also posited that “if one were to turn long-accepted doctrine on its head and require

not contain all the material terms of the parties’ agreement.[15] Notably, the partial performance doctrine The partial performance doctrine provides that an oral agreement that violates the writing requirement contract by the party seeking to enforce the agreement.”[16] Under New York law, the partial performance doctrine after three years.”[23] Finally, the Court rejected plaintiff’s reliance on the partial performance doctrine Bardy also underscores that the partial performance doctrine does not apply to contracts governed by

Takeaway As we have often explained in the articles in which we have examined the duplication doctrine Thus, courts will apply the doctrine when a plaintiff alleges a breach of contract claim and a fraud Department case to make the point.<5> This Blog will continue to examine the duplication of claims doctrine

The doctrine of in pari delicto has been a part of the common law for at least two centuries. The doctrine ( i.e. , that a wrongdoer should not profit from his own misconduct) “is so strong in New King , 44 N.Y. 87, 94 (1870) (characterizing the doctrine as “inflexible”). With the in pari delicto doctrine, the Court of Appeals has recognized “adverse interest” to be an exception Takeaway The in pari delicto doctrine serves two important public policy purposes.