Category: Commercial Transactions

“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 letter to a consumer debtor providing a “Total Amount Due”

Posted in Commercial Transactions, Legal Pulse

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, The Facts Behind Buffalo’s Uber Situation, The Buffalo Scene (2016),

Posted in Commercial Transactions, Legal Pulse

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 customer understands the term “fluid ounces” to indicate the volume

Posted in Commercial Transactions, Contracts, Legal Pulse

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 Debt Collection Practices Act claims against Defendant loan servicer. The

Posted in Commercial Transactions, Legal Pulse, Second Circuit

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 or whether the misnomer invalidates the lien. George Vigogna (sole

Posted in Article Archive, Civil Practice, Commercial Transactions, Court Watch, New York Court of Appeals, Real Property, Tort Law, Uncategorized

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 the production of specialty intake manifold parts to be sold

Posted in Commercial Transactions, Contracts

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 with the near-collapse of the U.S. financial system in 2008. 

Posted in Article Archive, Articles, Commercial Transactions Tagged with: ,

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 in the context of collaboration for technological innovation, but they

Posted in Article Archive, Articles, Commercial Transactions Tagged with: ,