Complaints filed in commercial litigations often take a kitchen-sink approach to pleading, asserting every conceivable liability theory – in tort and contract – to ensure that all bases are covered and maximum pressure is imposed on the other side. New York state courts, however, have made clear that this practice […]
In 2017, the U.S. Supreme Court issued its decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), which reshaped how courts evaluate personal jurisdiction—particularly in multi-state litigation. The case involved a group of out-of-state plaintiffs who joined a mass tort action in California state […]
In a recent decision, the Appellate Division, Second Department, reaffirmed the New York rule that a plaintiff opposing a motion for summary judgment cannot raise a new theory of liability not already alleged in her complaint in the opposition brief. This principle came as an unpleasant surprise in 2016 to […]
“I carefully read through the terms and conditions for a smartphone application before clicking I agree,” said no consumer ever. In a recent decision from the New York Court of Appeals, the state’s highest court made clear the consequences of “I agree,” holding that an online “clickwrap” process used to […]
By Jonathan Ohring and Madison Powers While often associated with a defendant’s effort to obtain dismissal of a case pre-trial, we view summary judgment as a critical tool for both plaintiffs and defendants in narrowing the issues that remain for trial. A recent case from the New York Supreme Court, […]