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Waiving the Right to Terminate a Contract

Waiving the Right to Terminate a Contract

Waiver is the relinquishment of a known right. Sometimes waiver is explicit. Sometimes, however, waiver results from a party sitting on a breach of contract for years and not treating it as a deal-breaker until it is looking for an excuse to terminate that contract. This sort of bad...

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Why You Should Be Careful Signing a Release of Claims

Why You Should Be Careful Signing a Release of Claims

When parties are ending a business arrangement, it is common for one side to be asked to sign a release of all present and future claims against the other party. Such releases are contracts and challenging them is always an uphill battle, even where a party is asserting fraud in the...

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Unreasonable Reliance is Fatal to a Fraud Claim

Unreasonable Reliance is Fatal to a Fraud Claim

When a plaintiff sues for fraud, New York’s Civil Practice Law and Rules (CPLR) requires that the complaint provide sufficient facts to support the claim. CPLR § 3016(b) states that  “the circumstances constituting the wrong shall be stated in detail.” This is important because if...

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Lessons From Shoehorned Federal Court Jurisdiction

Lessons From Shoehorned Federal Court Jurisdiction

Sometimes it’s best not to make a federal case out of it.  This is the lesson from the recent decision in Nanobeak Biotech Inc. v. Barbera, 2021 WL 1393457 (S.D.N.Y. Apr. 13, 2021), involving a plaintiff corporation that tried but failed to get its lawsuit into federal court....

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