In a November 24, 2015, Commercial Division decision by Justice Emerson, the court granted the defendants’ motion to dismiss the plaintiff’s amended complaint, which contained causes of action against the individual defendants for breach of covenants not to compete, tortious interference with contract and unfair competition.
In a March 16, 2015, Commercial Division decision by Justice Bransten, the court denied defendants’ motion to dismiss the complaint in its entirety. This action was brought by Shareholder Representative Services, Inc. (“SRS”) on its own behalf, and on behalf of the former shareholders of Oriel Therapeutics, Inc. (“Oriel”), against Sandoz Inc., its affiliates and… Continue Reading
In a June 17, 2014 Commercial Division decision by Justice Emerson, the court dismissed an amended complaint bringing derivative claims for failure to make a demand on the board of directors before commencing the action or showing that such a demand would be futile. Applying Delaware law, the court found that the allegations in the… Continue Reading
In a January 24, 2014 decision by Justice Oing, the Court granted a motion under CPLR 3124 and required a party to produce its discovery in a text-searchable format for review in Concordance (a document review platform) with associated metadata. The Court found persuasive the fact that the requesting party’s discovery demands sought production in… Continue Reading
In an October 5, 2011, decision by Justice Schweitzer, the court granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiff’s motion for leave to amend. Plaintiff-investment firm sued defendant-biotechnology company for breach of contract under a finder’s agreement in connection with defendant’s partnership with a pharmaceutical company to market and sell one of… Continue Reading
In a December 11, 2009 decision by Justice Fischer, the court found that the defendants established prima facie that a patent Exclusive License Agreement constituted an assignment, and not a license, based on: (a) provisions defining the transfer as a “sale, assignment, and transfer in full … for any and all current and future rights… Continue Reading