by Gary Nissenbaum | Jun 22, 2012 | Business Lawsuit Blog
May an insurer reject a demand that would make its contribution to a settlement contingent upon the outcome of a suit to establish the limits of liability under the policy? In Greenridge v. Allstate, the United States District Court for the Southern District of New...
by Gary Nissenbaum | Jun 21, 2012 | Business Lawsuit Blog
The Telephone Consumer Protection Act (“TCPA”) governs the conduct of telemarketing services and other companies that use telephone solicitation during the course of their business. A number of lawsuits have raised the question of whether debt collectors should be...
by Gary Nissenbaum | Jun 21, 2012 | Business Lawsuit Blog
If a person slips in the icy parking lot of a strip mall, may the landlord be indemnified by one of the tenants’ insurance policies? In a recent decision, the Appellate Division of the Superior Court of New Jersey attempted to clarify that question. Cambria v. Two JFK...
by Gary Nissenbaum | Jun 11, 2012 | Business Lawsuit Blog
In order for a court to determine that a defendant is in civil contempt, it must first determine that the defendant actually exists. In a recent decision, the United States District Court for the Southern District of New York considered what evidence would be...
by Gary Nissenbaum | Jun 11, 2012 | Business Formation & Sales Law Blog
Courts have traditionally interpreted a wide-ranging jurisdiction for the New York Franchise Sales Act (“NYSFA”). New York-based franchisors that offer and sell franchises anywhere in the world from their New York offices are required to comply with the statute’s...
by Gary Nissenbaum | Jun 11, 2012 | Business Lawsuit Blog
In January 2010, the New York legislature enacted Insurance Law § 3224(a) (“Prompt Pay Law”) to ensure that insurance companies paid their claims in a timely fashion. However, it was not clear whether the statute granted a party a private right of action. In a recent...