Gasperini v. Center for Humanities, Inc.
518 U.S. 415 (1996) Cited 2,359 timesHolding that district courts have the "primary responsibility" for applying the state-law excessiveness standard because they have "the unique opportunity to consider the evidence in the living courtroom context, while appellate judges see only the cold paper record." (cleaned up)
L-7 Designs, Inc. v. Old Navy, LLC
647 F.3d 419 (2d Cir. 2011) Cited 1,233 times 2 Legal AnalysesHolding that on a motion for judgment on the pleadings, a court may, in addition to the complaint itself, consider "any written instrument attached to it as an exhibit, materials incorporated in it by reference, and documents that, although not incorporated by reference, are ‘integral to the complaint"
Adjustrite Systems, Inc. v. Gab Business Services, Inc.
145 F.3d 543 (2d Cir. 1998) Cited 206 timesHolding that an agreement was not a Type I agreement because it was "expressly contingent" on the execution of future contracts
Jordan Panel v. Turner Constr
45 A.D.3d 165 (N.Y. App. Div. 2007) Cited 78 timesAffirming dismissal of breach of contract claim, where undisputed evidence established that defendant advised plaintiff in writing that he would not be contractually bound until both parties had signed the contemplated written agreement, and citing “numerous cases ... uphold[ing] a party's right to attach the condition of a signed writing to its becoming contractually bound”
Longo v. Shore & Reich, Ltd.
25 F.3d 94 (2d Cir. 1994) Cited 98 timesHolding that a letter signed by an attorney, together with enclosed unsigned agreements, was not sufficient to overcome the Statute of Frauds
Best Brands Beverage v. Falstaff Brewing Corp.
842 F.2d 578 (2d Cir. 1987) Cited 92 timesHolding that competitive injury is an element of a § 2 claim
Rosenfeld v. Basquiat
78 F.3d 84 (2d Cir. 1996) Cited 66 timesHolding that reversal of a jury verdict is not warranted unless the trial court's error would have affected "the substantial rights of the parties" or have "changed the case's outcome"
Thorsen v. County of Nassau
722 F. Supp. 2d 277 (E.D.N.Y. 2010) Cited 35 timesHolding that Defendant waived its ability to object to a verdict sheet because "the court adopted the damages special verdict sheet exactly as the defendants had advocated"
Martinez v. Port Authority
445 F.3d 158 (2d Cir. 2006) Cited 39 times 1 Legal AnalysesFinding no error in the district court's remittitur analysis
Ramirez v. New York City Off-Track Betting
112 F.3d 38 (2d Cir. 1997) Cited 54 timesFinding that award of $500,000 for emotional pain in employment discrimination case was not unconscionable
Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling
Fed. R. Civ. P. 50 Cited 13,789 times 63 Legal AnalysesAllowing "renewed motion"
Section 5501 - Scope of review
N.Y. C.P.L.R. § 5501 Cited 7,258 times 2 Legal AnalysesStating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”
Section 5-701 - Agreements required to be in writing
N.Y. Gen. Oblig. Law § 5-701 Cited 1,728 times 3 Legal AnalysesStating that an oral agreement is void if “[b]y its terms is not to be performed within one year from the making thereof”