In E3 Innovation Inc., et al. v. DCL Techs. Inc., et al., No. CV-21-01141-PHX-DWL, 2021 WL 5741442 (D. Ariz. Dec. 2, 2021), the United States District Court for the District of Arizona recently dismissed an action for lack of personal jurisdiction against three non-resident independent contractors...
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PGA Capital LLC v. Toman – Defendants Do Not Have an Easement in Their Former Waterfront Lot
As seen in the New York Law Journal Upon the efiled documents numbered 37-50; 52-55; and 58, it is ORDERED that plaintiff PGA Capital LLC’s motion for an order pursuant to CPLR §3212 granting summary judgment pursuant to RPAPL 1501(1), canceling and discharging the easement and declaring that...
An Alternative to Arbitration via Commercial Division Rule 9
In late 2018, the First Department’s decision in Daesang Corporation v. The NutraSweet Company, 167 A.D.3d 1, 85 N.Y.S.2d 6 (1st Dep’t 2018) refused to vacate a $100 million arbitration award premised upon a purported manifest disregard of law, confirming that: “The potential for ......
Speed & Efficiency – The New Norm for Commercial Division Cases
With the recent adoption of new Commercial Division Rules, and several others proposed and open for public comment, practicing in the Commercial Division is likely to become more akin to Federal Courts, adding greater speed and efficiency to the litigation process. In June 2012, Chief Judge...
CPLR 3126(3) — The Ultimate Remedy for Willful Failure to Disclose
In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both the trial and appellate...
Strike – It’s Out!! Striking Unnecessary, Scandalous Pleadings Pursuant to CPLR 3024(b)
Partnership breakups are characterized by counsel as business divorces for a good reason – the venom that permeates some of the cases is largely unrivaled (excepting, of course, matrimonial practice). A hurdle arises when irrelevant anger is included in a pleading and counsel is compelled to...
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