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By Leo K. Barnes Jr.* Last month we addressed the transformation of a criminal court plea or guilty verdict into civil court liability, relying upon collateral estoppel. This month we take a step back. Assume that [...] By Leo K. Barnes Jr.* Introduction For civil counsel engaged to right criminal wrongs committed by a Corporation’s former officer or employee, the frustration of the delays incident to a parallel criminal proceeding can nonetheless ultimately bear fruit [...] By Leo K. Barnes Jr.* The adage “money isn’t everything” has particular significance for injunction applications. A January 2011 decision by Eastern District Judge Nicholas Garaufis reminds counsel that no matter how solid a liability and damages [...] By: Leo K. Barnes Jr. In a recent column, we addressed recent Appellate Division authority concerning the ultimate sanction for failure to disclose, a CPLR 3126 Order striking a pleading. In December, the Court of Appeals issued Gibbs v. St. Barnabas Hospital, 2010 N.Y. Slip. Op. 09198 (2010) [...] By: Leo K. Barnes Jr. At first blush, two principles regarding the loyalty due to a current employer from an employee seem irreconcilable: on the one hand, an employee owes his employer complete loyalty; on the other, an employee may incorporate a competitive business prior to departure from employment as [...] By: Leo K. Barnes Jr. 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 [...] By: Leo K. Barnes Jr. Several weeks before then-President George W. Bush defeated presidential candidate John Kerry, CBS News correspondent Dan Rather narrated a “60 Minutes” piece assailing President Bush’s service in the Texas Air National Guard. According to Mr. Rather, subsequent to Mr. Bush’s re-election in November 2004, CBS [...] By: Leo K. Barnes Jr.* With Plaintiffs seeking to maximize a source of recovery and Defendants seeking to minimize the same, discovery in commercial matters may focus upon the liability of an individual shareholder for a claim asserted against a corporation. Plaintiffs are quick to name shareholders as defendants [...] By: Leo K. Barnes Jr.* A recent mid-winter decision from Central Islip Eastern District Judge Sandra Feuerstein provides a stark reminder to counsel for Plaintiffs to scrutinize documentation annexed as exhibits to a Complaint as the same may later haunt the Plaintiff as a basis for dismissal. In Levista Inc. v. Ranbaxy Pharmaceuticals Inc., [...] |
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