Further Refining Unjust Enrichment Claims

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at lkb@barnespc.com

 

Approximately a year and a half after issuing Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173 (2011), the New York Court of Appeals has revisited the pleading requirements for unjust […]

Task Force Report & Recommendations for the Commercial Division

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

In late June 2012, Chief Judge Jonathan Lippman’s Task Force on Commercial Litigation released its Report and Recommendations for the Commercial Division,[1] the culmination of the Task Force’s six-month exploration […]

Amendments to FRCP 56(c) Concerning the Authentication of Documents on Summary Judgment Motions

By Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at lkb@barnespc.com

 

New York courts mandate that the movant on a summary judgment motion authenticate exhibits or be subject to denial.  Thus, it is prudent that counsel devote sufficient time and energy […]

A PRIMER ON INJUNCTIONS

 By: Leo K. Barnes Jr.[i]

            The provisional remedies found a cornerstone of practice in the Commercial Division.  This month we review the basic elements of the most commonly sought provisional remedy, the preliminary injunction.

            It is well settled that an Article 63 preliminary injunction is not a mechanism for determining the ultimate […]

Affiliate Relationship Insufficient to Found Economic Interest Defense

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes P.C. in Melville,

 

In Due Pesci v. Sustainable (New York County Index No. 651879/10), plaintiff Due Pesci Inc. brought suit against defendants Threads for Thought, LLC (“TFT”) and Sustainable Apparel Group, LLC (“Sustainable”), asserting, inter alia, a cause of […]

Lawrence v. Kennedy — Lessons for the Unwary

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at lkb@barnespc.com

 

In Lawrence v. Kennedy, — N.Y.S.2d —-, 2011 WL 5107234, 2011 N.Y. Slip Op. 21377 (Nassau Sup. Ct. 2011), plaintiff Lawrence S. Lawrence, a New York attorney, moved for summary judgment […]

SLAMMING THE DOOR ON DEFENSES TO DISBURSEMENT OF COUNTERFEIT FUNDS

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville,

can be reached at LKB@BARNESPC.COM

 

In February 2011 we reviewed JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds.  In Pinzler, the defendant […]

Counsel’s Liability for Disbursement of Counterfeit Funds Part 2

Correctly maintaining attorney trust accounts and disbursing client funds are riddled with pitfalls that every attorney must be mindful of.  Once example was discussed in the February 2011 column, which reviewed the case of JP Morgan Chase Bank, N.A. v. Pinzler, 28 Misc.3d 1214(A), pertaining to an attorney’s liability for disbursement of counterfeit funds.  In […]

Converting a Fifth Amendment Invocation Into a Negative Inference

By Leo K. Barnes Jr.* *Mr. Barnes, a member of Barnes & Barnes, P.C., can be reached at lkb@barnespc.com

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 the civil case […]

Maximizing Criminal Court Results, in the Civil Arena, Through Collateral Estoppel

By Leo K. Barnes Jr.* *Mr. Barnes, a member of Barnes & Barnes, P.C., can be reached at lkb@barnespc.com

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 […]