Third-Party claims for common-law contribution and indemnification are not cognizable where the underlying claim seeks to hold the defendant liable for its own conduct and the claim is for economic loss seeking only the contractual benefit of the bargain.

New York
Architectural, Engineering & Construction Defect Litigation
In March 2014, the plaintiff retained the defendant Branded Concept Development, Inc. as project manager to oversee the renovation of premises where it planned to relocate its business. Case Law Alerts, 1st Quarter, Apri
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On claim for delay damages, existence of no-damage-for-delay clause in construction agreement is insufficient to establish entitlement to dismissal where conduct or conditions were not contemplated at time of contractor’s bid.

New York
Architectural, Engineering & Construction Defect Litigation
The plaintiff-contractor sought to recover damages for breach of a construction contract for the renovation of a school, alleging that the defendant impeded, interfered with and delayed the plaintiff’s work, made excessive and untimely changes to Case Law Alerts, 1st Quarter, Apri
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Can spoliation sanctions be imposed for failing to submit to physical examination prior to undergoing surgery on body part allegedly injured by defendant’s tortious conduct?

New York
Premises & Retail Liability
The First Department answered a legal question trial courts have been wrestling with for the past few years: Can spoliation sanctions be imposed on a plaintiff who fails to submit to a physical examination prior to undergoing surgery on a body par Case Law Alerts, 1st Quarter, Apri
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“Furnish” under FCRA describes “active transmission of information to a third-party rather than a failure to safeguard the data.” Information stolen from defendant is not furnished within meaning of FCRA.

Mount Laurel
Consumer Financial Services Litigation
Class Action Litigation
The New Jersey District Court’s recent opinion in this case involved a motion filed by Horizon Healthcare Services, Inc. to dismiss the amended putative class action complaint filed by the plaintiffs. Case Law Alerts, 1st Quarter, Apri
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