23 Cited authorities

Sommer v. Federal Signal Corp.
79 N.Y.2d 540 (N.Y. 1992) Cited 942 times 2 Legal Analyses
Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause
P.V. ex Rel. T.V. v. Camp Jaycee
197 N.J. 132 (N.J. 2008) Cited 354 times 8 Legal Analyses
Holding that the law of the state where the alleged tortfeasor acted and repeatedly performs its tasks must apply if that law is to have any deterrent impact and protect others from harm, "regardless of the home state of the [plaintiffs]."
Schultz v. Boy Scouts of America, Inc.
65 N.Y.2d 189 (N.Y. 1985) Cited 646 times 1 Legal Analyses
Finding that although misconduct occurred in New York, New Jersey was the locus of the tort because that was where plaintiffs' injuries occurred
Cooney v. Osgood Mach
81 N.Y.2d 66 (N.Y. 1993) Cited 467 times 2 Legal Analyses
Adopting situs of tort as "tie breaker" in true conflict cases
Padula v. Lilarn Props. Corp.
84 N.Y.2d 519 (N.Y. 1994) Cited 327 times 1 Legal Analyses
Recognizing loss allocating and conduct regulating aspects of law imposing strict and vicarious liability for failure to take adequate safety measures at work site but characterizing it as "primarily conduct regulating"
Gerena v. Korb
617 F.3d 197 (2d Cir. 2010) Cited 129 times
Holding that where a case is transferred under Section 1406 due to improper venue or want of jurisdiction, the law of the transferee court applies
In re Brooklyn Navy Yard Asbestos Litigation
971 F.2d 831 (2d Cir. 1992) Cited 209 times
Holding that joint participation pursuant to an agreement — express or implied — to commit a tort is necessary to impose liability on those acting in concert
Neumeier v. Kuehner
31 N.Y.2d 121 (N.Y. 1972) Cited 372 times
Adopting the three governing rules proposed in Tooker, the first and third of which are pertinent to the facts of this appeal
Chianese v. Meier
98 N.Y.2d 270 (N.Y. 2002) Cited 90 times
Holding that actual notice of a particular recurring safety issue that was reasonably within the defendant's power to correct was sufficient to establish constructive notice of the specific recurrence
In re Nat'l Century Fin. Enters., Inc., Inv. Litig.
846 F. Supp. 2d 828 (S.D. Ohio 2012) Cited 25 times 1 Legal Analyses
Noting that a "solicitation" requires direct contact
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 29,019 times 191 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Section 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,711 times 166 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,653 times 52 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 4,050 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"
Section 15-108 - Release or covenant not to sue
N.Y. Gen. Oblig. Law § 15-108 Cited 720 times
Explaining that a "release or a covenant not to sue ... one of two or more" joint tortfeasors "does not discharge any of the other tortfeasors from liability"
Section 1601 - Limited liability of persons jointly liable
N.Y. C.P.L.R. § 1601 Cited 228 times
Providing that culpable conduct of "each person causing or contributing to the total liability for non-economic loss" shall be considered for purposes of limitation-on-liability rule unless plaintiff shows inability to obtain jurisdiction over nonparty tortfeasors
Section 1602 - Application
N.Y. C.P.L.R. § 1602 Cited 156 times
Enumerating eleven exceptions
Section 49:3-71 - Action for deceit; liability
N.J. Stat. § 49:3-71 Cited 79 times
Applying to "any untrue statement"
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,334 times 136 Legal Analyses
Holding liable any person who "make any untrue statement of material fact"

Crown Cork & Seal Co, et al v. Credit Suisse First, et al

23 Cited authorities

Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause

Holding that the law of the state where the alleged tortfeasor acted and repeatedly performs its tasks must apply if that law is to have any deterrent impact and protect others from harm, "regardless of the home state of the [plaintiffs]."

Finding that although misconduct occurred in New York, New Jersey was the locus of the tort because that was where plaintiffs' injuries occurred

Adopting situs of tort as "tie breaker" in true conflict cases

Recognizing loss allocating and conduct regulating aspects of law imposing strict and vicarious liability for failure to take adequate safety measures at work site but characterizing it as "primarily conduct regulating"

Holding that where a case is transferred under Section 1406 due to improper venue or want of jurisdiction, the law of the transferee court applies

Holding that joint participation pursuant to an agreement — express or implied — to commit a tort is necessary to impose liability on those acting in concert

Adopting the three governing rules proposed in Tooker, the first and third of which are pertinent to the facts of this appeal

Holding that actual notice of a particular recurring safety issue that was reasonably within the defendant's power to correct was sufficient to establish constructive notice of the specific recurrence

Noting that a "solicitation" requires direct contact

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

Explaining that a "release or a covenant not to sue ... one of two or more" joint tortfeasors "does not discharge any of the other tortfeasors from liability"

Providing that culpable conduct of "each person causing or contributing to the total liability for non-economic loss" shall be considered for purposes of limitation-on-liability rule unless plaintiff shows inability to obtain jurisdiction over nonparty tortfeasors

Enumerating eleven exceptions

Applying to "any untrue statement"

Holding liable any person who "make any untrue statement of material fact"