When does the statute of limitations start to run on a tortious interference with contract claim when the breach occurred somewhere on a spectrum of increasingly breach-like behavior?

The Appellate Division’s decision in 'Matter of Bergassi Group v. Allied World Insurance Co.' offers some straightforward, but valuable, guidance about the interplay between the FAA and CPLR Art. 75, and raises some interesting questions for further review.

(3 min read) Your company just received a purchase order for 100,000 i-widgets from SuperKoolCo. SuperKoolCo is a subsidiary of MegaEvyl Corp., one of the biggest conglomerates around. Six months later, SuperKoolCo hasn’t paid you a dime. Do you have a case against SuperKoolCo’s parent, MegaEvyl?

On February 4th, the election technology company Smartmatic USA filed a lawsuit alleging that Fox News and others defamed it by broadcasting false statements that Smartmatic was part of a conspiracy to rig the presidential election. Fox responded to the complaint by filing a motion to dismiss, arguing that it is immune from liability based on the “neutral-reporting doctrine.” What is the doctrine, will it end the suit, and is it even available to Fox?

The Third Circuit recently decided one of the most significant cookie cases in recent memory. The court found that Pocky are not deserving of trade dress protection because their shape is functional, rather than indicative of their source. The court rejected a too-narrow construction of the limitations on trademark protection for fear of blurring the lines between patent and trademark protections.

In a decision with potentially significant repercussions for commercial contracts governed by New York law, a judge in the Southern District of New York appears to have opened the door to using force majeure clauses more broadly to excuse performance as a result of the pandemic.

The First Circuit recently affirmed a jury verdict awarding an employee more than $760,000 in damages resulting from her employer’s retaliation against her for filing a qui tam action against the employer and a key customer. The decision in Lestage v. Coloplast Corp. makes the first circuit the latest to hold that retaliation under the False Claims Act requires a “but for” showing of causation.

The New York Court of Appeals served up a heaping platter of justice just before Thanksgiving last week, giving law geeks a lot to be thankful for in a meaty decision stuffed with tons of juicy legal reasoning about the preemption of state tort claims related to a bankruptcy filing.