“Total Amount Due” Means the Total Amount Due
–by Andriy Troyanovych Source: Carlin v. Davidson Fink L.L.P., No. 15-3105-cv, 2017 WL 1160887 (2d Cir. Mar. 29, 2017) Abstract: On March 29, 2017, the Second Circuit held that a… Read more »
Category: Commercial Transactions
After Two Years of Efforts to Bring Uber Upstate, 2017 May be the Year It Happens
–by Karianne Polimeni Citations: Ben Axelton, Cuomo to Reveal Plan to bring Uber, Lyft to Upstate New York, New York Upstate, (Jan. 8, 2017, 11:23 AM), http://www.newyorkupstate.com/news/2017/01/cuomo_to_reveal_plan_to_bring_uber_lyft_to_upstate_new_york.html; Kevin B. Knott,… Read more »
Consumer Alleges Deceit; Court Rules that Reasonable Consumers Account for the Ice
–by Erin Shea Source: Galanis v. Starbucks Corporation, No. 16-C-4705, 2016 WL 6037962 (N.D. Ill. 2016) (all internal citations omitted). Abstract: The Northern District of Illinois concluded that a reasonable… Read more »
Second Circuit Holds that the Discharge Injunction Provisions of the Bankruptcy Code do not Repeal Post Discharge Claims Under the Fair Debt Collection Practices Act
— by Matthew Schutte Case: Garfield v. Ocwen Loan Servicing, LLC, 2016 U.S. App. LEXIS 3 (2d Cir. 2016) Abstract: Plaintiff borrower appealed from District Court’s dismissal of her post discharge Fair… Read more »
Rigano v. Vibar Const., Inc.
The issue decided in the case is whether a notice of mechanic’s lien can be amended nunc pro tunc to reflect the name of the true owner of the property… Read more »
Val Tech Holdings, Inc. v. Wilson Manifolds, Inc.
This appeal addresses damages recoverable under a cross claim for breach of contract. The plaintiff, Val Tech Holdings, contracted with the defendant, Wilson Manifolds, to fabricate plastic injection molds for… Read more »
Article: Sacrificing Functionality for Transparency? The Regulation of Swap Agreements in the Wake of the Financial Crisis
Once the sole province of chief executive officers and hedge fund managers, swap agreements (or “swaps”), most notably credit default swaps,[1] came to the forefront of politicians’ and regulators’ minds… Read more »
Article: Financing Innovation: Branding, Monitoring, and Uncertainty
A recent breakthrough in contract theory identified the practice of braiding, in which parties weave informal and formal elements of contract together to overcome uncertainty. These contracts are especially prevalent… Read more »