57 A.D.3d 711 (N.Y. App. Div. 2008) Cited 90 times
Finding breach of implied covenant of good faith and fair dealing claim duplicative where "the conduct and resulting injury alleged" was identical to breach of contract claims alleged in complaint
774 F. Supp. 2d 549 (S.D.N.Y. 2011) Cited 64 times
Holding that an omission is actionable under Section 10(b) only if "the omitted fact is material" and "the speaker had a duty to disclose the omitted fact"
03 Civ. 845 (JGK) (S.D.N.Y. Mar. 6, 2004) Cited 60 times
Holding that the balance of private and public factors would weigh against forum non conveniens dismissal "because granting the motion would require the plaintiff to pursue the case in two fora."
507 F. Supp. 2d 384 (S.D.N.Y. 2007) Cited 44 times 2 Legal Analyses
Granting summary judgment to defendant on plaintiffs' claim for accounting "[b]ecause [the plaintiffs] have sought money damages under their breach of contract claims, and because discovery has already proceeded as to the measure of damages available to them should they prevail on those claims"
11-CV-4743 (ADS)(ETB) (E.D.N.Y. Aug. 22, 2012) Cited 9 times
Holding that a breach of the covenant of good faith and fair dealing claim is not an alternative theory to a breach of contract claim if they are based on the same allegations
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"