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Featured Case


EMPLOYMENT LAW, CONTRACT LAW, ATTORNEYS.

Because the Defendant Employer Suffered No Damage as a Result of Plaintiff’s Breach of the Confidentiality Provision of the Employment Contract, Defendant Employer Was Not Entitled to Enforcement of the Liquidated Damages Provision in the Contract; Plaintiff’s Breach-Of-An-Oral-Contract Cause of Action Should Not Have Been Dismissed Because Plaintiff Submitted Evidence of Partial Performance by Defendant and Plaintiff’s Reliance on the Oral Modification

The First Department, reversing (modifying) Supreme Court, determined that, although the law firm defendants demonstrated plaintiff attorney violated the confidentiality provision of her employment contract, the law firm was not entitled to enforcement of the liquidated damages provision of the contract because the law firm did not demonstrate it suffered any damage as a result of plaintiff’s breach. In addition, plaintiff’s cause of action alleging the law firm defendants violated an oral agreement promising her a five percent bonus related to attorney’s fees paid for cases in which she was involved should not have been dismissed because she presented some evidence she had in fact been paid several such bonuses. Rubin v. Napoli Bern Ripka Shkolnik, LLP, 2020 N.Y. Slip Op. 00250, First Dept 1-14-20

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.