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It is a core concept of the law that oral contracts are mostly unenforceable. The law demands certainty and oral agreements usually don’t fit the bill unless an exception is available. Exceptions typically require partial performance of the contract in relation to...

Class Certification in Axiom “Last Look” Class Action Denied for Lack of Predominance

18 Sep 2018

Diana Malave

There have been a plethora of actions challenging the use of “last look” in the foreign exchange market. Earlier this month, the United States District Court for the Southern District of New York denied class certification for clients of Deutsche Bank who...

Understanding the Basics Of New York’s Usury Laws

13 Sep 2018

Diana Malave

Under New York law, charging an interest rate in excess of sixteen percent (16%) on a loan or forbearance is civil usury.[1] An interest rate in excess of twenty-five percent (25%) is criminal usury.[2] There are various exemptions from the civil...

Informational Website for Places of Public Accommodation Subject to ADA

02 Aug 2018

Diana Malave

The United States Court of Appeals for the Eleventh Circuit reversed the dismissal of a complaint alleging defendants violated the Americans with Disabilities Act (ADA) by failing to ensure that their website was compatible with screen reading software. The Court held “the...

Principals of General Contractor Jointly and Severally Liable Pursuant to Article 3a of New York’s Lien Law

11 Jul 2018

Diana Malave

Despite denying class certification the Supreme Court, New York County held the principals of the general contractor were jointly and severally liable to plaintiffs pursuant to Article 3a of New York’s Lien Law because the defendants failed to provide the statutorily required...

Defective Power of Attorney Leads to Dismissal

15 Jun 2018

Diana Malave

The Supreme Court, Queens County, dismissed plaintiff’s complaint for lack of standing holding that the New York Statutory Short Form Power of Attorney executed by plaintiff was defective. Plaintiff commenced this action by way of her attorney, through a New York Statutory...

Southern District Denies Defendants’ Motion to Dismiss Oral Contract

Class Certification in Axiom “Last Look” Class Action Denied for Lack of Predominance

Understanding the Basics Of New York’s Usury Laws

Informational Website for Places of Public Accommodation Subject to ADA

Principals of General Contractor Jointly and Severally Liable Pursuant to Article 3a of New York’s Lien Law

Defective Power of Attorney Leads to Dismissal

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