During her annual State of Our Judiciary speech on February 26, 2019, Chief Judge Janet DiFiore announced that the Commercial Division would be expanding to Bronx County. As stated by Chief Judge DiFiore, the expansion is “in recognition of the
New York Commercial Division Round-Up Blog
News & Updates on Cases Decided in the Commercial Division of the New York State Supreme Court
The New York Commercial Division Round-Up Blog, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on developments and procedural updates within New York's Commercial Division. It covers topics such as amendments to civil procedure rules, initial disclosure requirements, insurance coverage disputes, contract litigation strategies, and jurisdictional issues relevant to commercial litigation in New York. The blog analyzes court decisions, legislative changes, and practical implications for litigators handling complex commercial cases in the state's specialized court division.
Latest from New York Commercial Division Round-Up Blog - Page 3
Seeking to Allege General Jurisdiction in New York? Corporate Registration is Not Enough
By Damani Sims
In Kyowa Seni, Co., Ltd. v. ANA Aircraft Technics, Co., Ltd., Docket No. 650589/2017, 2018 WL 3321410 (N.Y. Sup. Ct. July 5, 2018), Justice Saliann Scarpulla of the New York County Commercial Division joined in a long line of…
Commercial Division Rule Revisions Continue to Promote Efficiency in Complex Cases
In an effort to streamline litigation in the Commercial Division, the Commercial Division Advisory Council has continued with its revisions to the Commercial Division Rules by recently implementing one new rule encouraging early adjudication on threshold issues, and revising another…
Commercial Division Rolls Out Four New Rules Covering Expert Disclosures, Temporary Restraining Order Requirements, Forum Selection Clauses and Trial Length
By James Salem
Four of the proposed amendments to the Commercial Division Rules, which were discussed in an earlier blog post while the rules were under consideration by the Office of Administration, were adopted over the summer and have now gone into effect…
Changing of the Guard in the New York County Commercial Division
By Bradley Rank
On May 22, 2017, Governor Andrew M. Cuomo announced that Justices Anil C. Singh and Jeffrey K. Oing had been appointed to fill vacancies on the bench of the Appellate Division, First Department. June 12, 2017 was the last day…
New York Appellate Division Revives Non-Monetary Class Action Settlement in M&A Class Action with Revised Standard of Review
In Gordon v. Verizon Communications, Inc., No. 653084/13, 2017 WL 442871 (N.Y. App. Div. Feb. 2, 2017), the Appellate Division of the Supreme Court of the State of New York, First Judicial Department (the “First Department”), reversed an order…
New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017
By Bradley Rank
The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner that the 2014 and 2015…
Be Sure to Sue Before Your Defendant Moves: Appellate Division Finds No Jurisdiction Over Defendant Company After Sale of Its New York Assets
In Matter of CDR Créances S.A.S. v First Hotels & Resorts Invs., Inc., 2016 Slip Op. 04888 (1st Dep’t June 21, 2016), the Appellate Division reversed a December 11, 2014 Order by New York County Commercial Division Justice Lawrence…
Commercial Division Rules Revamp Encourages International Arbitration Matters In The New York County Commercial Division
The Commercial Division Advisory Council continued its revamp of the Commercial Division Rules on October 14, 2015, when it implemented amendments to 22 NYCRR § 202.70(b) and (c). As we discussed in this blog when the amendments were proposed…
Justice Friedman Allows Breach of Fiduciary Duty Claim to Proceed Against Corporate Directors Under Delaware Law
By Bradley Rank & Nirav Bhatt
In AP Services, LLP v. Lobell et. al, No. 651613/2012, 2015 NY Slip Op 31115(U) (N.Y. Sup. Ct. June 19, 2015) (argued Feb. 21, 2014), Justice Friedman, applying Delaware Law, denied a motion to dismiss plaintiff AP Services, LLP’s…