Brummer v. Wey
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By Jill I. Gross

Appellate Division vacates preliminary injunction issued by trial court against a website that published inflammatory and offensive content criticizing a member of FINRA’s National Adjudicatory Council who banned a broker from the industry.

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Cottonwood Centers, Inc. v. Klearman
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By Paul J. Dubow

Incorporation of a separate document into an agreement requires that the reference must be clear and unequivocal and must be called to the attention of the other party who must consent thereto.

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NY Trial Court: “Manifest Disregard” Is Very Hard To Prove Without an Explained Award
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While “manifest disregard” may still be a viable basis for challenging an Award in New York State, that burden is very difficult to prove absent an explained Award,

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Bryan v. Slothower
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By Christopher G. Lazarini

*The purpose of the doctrine of election of remedies is to prevent double recovery for a single wrong.

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Klein v. QLIK Technologies, Inc.
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By Jeremy Root

Absent evidence of bad faith, Rule 17(a) substitution of plaintiffs should be liberally allowed when the change is merely formal and in no way alters the original complaint’s factual allegations as to the events or the participants.

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Claims of Unauthorized Trades Fail to Move Beyond the Pleading Stage: McClellon v. Wells Fargo
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By Paul J. Dubow

*A claim of unauthorized trading will be dismissed if the plaintiff fails to allege that he was injured thereby.

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