Facts Sufficient to Obtain Summary Judgment On a Veil Piercing Claim

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

            Whether during law school studying New York practice and procedure, or as a first year associate tasked with drafting opposition to a summary judgment motion, aspiring or practicing lawyers learn the […]

7 Ways To Keep Your Case Moving In NY Commercial Court

By Pete Brush

Law360, New York (July 12, 2013, 7:09 PM ET) — The New York Supreme Court’s Commercial Division, set up nearly two decades ago to handle corporate contract, fraud and similar disputes, is creaking under the weight of a growing caseload as Empire State businesses increasingly view it as the place to […]

Litigation Holds and Preservation of ESI in Light of VOOM HD Holdings, LLC

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

 

In commercial litigation cases, issuing a litigation hold to preserve electronically stored information (ESI) is paramount once a party reasonably anticipates that litigation may ensue, which may be well before litigation […]

Indemnification Under the BCL for Counsel Fees Incurred

By: Leo K. Barnes Jr.*

*Mr. Barnes, a member of Barnes & Barnes, P.C. in Melville, can be reached at LKB@BARNESPC.COM

 

This month we review an individual’s right to indemnification pursuant to the New York Business Corporation Law (“BCL”) for counsel fees incurred to defend a civil action or proceeding, other than […]

Aviation Related Themes in Breach of Contract Cases

By: Leo K. Barnes Jr.*

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

can be reached at LKB@BARNESPC.COM

 

This month we review two recent decisions concerning commercial issues which touch the aviation industry.  In Wells Fargo Bank Northwest, N.A. v. U.S. Airways, Inc., 2012 WL 3288834 (1st Dep’t […]

Top NY Court Affirms High Bar For Piercing Corporate Veil

New York’s highestNew York’s highestLaw360, New York (November 29, 2012, 6:58 PM ET) — New York’s highest court on Thursday backed a legal standard that makes it difficult for plaintiffs to hold individuals liable for alleged corporate abuses, nixing a personal injury plaintiff’s bid to recover damages from two property owners in a ruling experts […]

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 […]