Jurisdiction — Forum selection clause – Non-signatory
Where a plaintiff has filed a complaint based on a factoring agreement, the complaint should be dismissed for lack of personal jurisdiction because (1) the defendant was never a party to the agreement...
View ArticleTort — Interference with employment expectancy
Where a plaintiff has asserted a claim of tortious interference with an employment expectancy, summary judgment should be denied in light of the plaintiff’s allegation that the defendants falsely told...
View ArticleEmployment — Non-solicitation clause – Choice of law
Where a plaintiff employer has requested a temporary restraining order to enforce a non-solicitation provision of an employment agreement that the defendant, who has since moved to California, signed...
View ArticleLandlord and Tenant — LLC members – Individual liability
Where a plaintiff landlord of a blueberry farm has filed a complaint seeking to hold two individual defendants liable for the untimely payment of a termination fee due under a settlement agreement, the...
View ArticleCommercial — Credit agreement – Guaranty
Where a plaintiff has alleged that the defendants are in default of a credit agreement, the plaintiff is entitled to summary disposition because the defendants concede liability and do not contest the...
View ArticleCivil Practice — Preliminary injunction – Six-month rule
Where defendants have filed an emergency motion to dissolve an injunction, the motion should be denied and the defendants should be sanctioned for making an argument not grounded in fact or law.
View ArticleContract — Commission – Property sale
Where a plaintiff has claimed to be entitled to a commission for the sale of real property pursuant to an exclusive listing agreement, summary disposition should be awarded to the defendant because the...
View ArticleContract — Partnership agreement – Fiduciary duties
Where a jury returned a verdict in favor of a plaintiff on claims of breach of partnership and breach of fiduciary duty, a motion by the defendants for judgment notwithstanding the verdict should be...
View ArticleLandlord and Tenant — Month-to-month tenancy – Holdover rent
Where plaintiff commercial landlord has filed a motion for partial summary disposition, the motion should be allowed in part, as most of the provisions of the original lease continue in effect, and...
View ArticleTort — Interference – Business relationship
Where defendants have moved for summary disposition on a plaintiff’s claim of tortious interference with a business relationship, the motion should be allowed because there is no evidence that the...
View ArticleEmployment — Non-compete agreement – Preliminary injunction
Where a plaintiff has requested a preliminary injunction against a former employee who signed a non-competition and confidentiality agreement, that request should be granted because the agreement...
View ArticleLandlord and Tenant — Corporate veil – Successor liability
Where a defendant commercial tenant has failed to comply with its rent obligations under a lease with the plaintiff, the defendant should be held liable, along with its principal and its successor.
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No-Fault Law — Settlement – Constructive trust
Where plaintiffs that provided medical services to a driver injured in a motor vehicle accident have filed suit claiming to be entitled to settlement proceeds, they are entitled to summary disposition...
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Employment — Non-compete agreement – Preliminary injunction
Where a defendant, who executed a non-compete agreement while employed by the plaintiff as its director of operations, has been hired by the defendants as a technician/mechanic, the defendant should be...
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Employment — Non-compete agreement – Nurse practitioner
Where a plaintiff has alleged that the defendant, a former employee, breached restrictive covenants in her employment agreement, the plaintiff should be awarded summary disposition because the...
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Contract — Request for admissions – Untimely response
Where a plaintiff has moved for summary disposition on a claim alleging sums due under a Personnel Services Agreement, that motion should be allowed because of the defendant’s failure to timely answer...
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Attorneys — Disqualification – LLC
Where the minority shareholder of a limited liability company has brought a derivative action on behalf of the company, his motion to disqualify the company’s legal counsel should be denied because the...
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No-Fault Law — Settlement – Constructive trust
Where plaintiffs that provided medical services to a driver injured in a motor vehicle accident have filed suit claiming to be entitled to settlement proceeds, they are entitled to summary disposition...
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Employment — Non-compete agreement – Preliminary injunction
Where a defendant, who executed a non-compete agreement while employed by the plaintiff as its director of operations, has been hired by the defendants as a technician/mechanic, the defendant should be...
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Employment — Non-compete agreement – Nurse practitioner
Where a plaintiff has alleged that the defendant, a former employee, breached restrictive covenants in her employment agreement, the plaintiff should be awarded summary disposition because the...
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