2012 N.Y. Slip Op. 2343 (N.Y. 2012) Cited 957 times
Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"
Holding that it would not be appropriate to punish an adoption agency for its 1960's era policy of not disclosing adopted children's mental health records in part because mental health professionals of that era "thought that mental illness could be avoided if a child were placed in a loving environment and that disclosure of birth parents' emotional disturbances would negatively affect the child's bonding with the adoptive parents"
Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
Holding sufficient evidence of improper acquisition existed when parties entered into confidential agreements that gave the offending party access to the alleged trade secret materials
Holding that, where it is unclear whether a motion is made under rule 50(b) or rule 59, and the party seeking relief failed to properly preserve arguments by a mid-trial motion for judgment as a matter of law under rule 50, "[t]hat leaves only the possibility of Rule 50 relief"