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25 Oct 2010, 12:05 pm by David Jacobson
In Keynes v Rural Directions Pty Ltd [2010] FCAFC 100 the Full Court of the Federal Court discnissed an appeal from the Federal Court decision that the forward contracts were not financial products by virtue of the operation of s761D(3)(a). [read post]
13 Mar 2012, 12:06 am by John Diekman
Practice point: New York adheres to the doctrine, and imposes no liability on a seller for failing to disclose information regarding the premises when the parties deal at arms length, unless there is active concealment.Student note: For concealment to be actionable as fraud, the plaintiffs must show that the defendants thwarted the plaintiffs' efforts to fulfill their responsibilities imposed by the doctrine.Case: Camisa v. [read post]
30 Aug 2017, 4:34 pm
In California, whether the retailer seeks a sales tax reimbursement from the customer is a matter of contract between the buyer and seller. [read post]
13 Aug 2020, 1:32 pm
It claimed its website was an “online marketplace” and E-Life (Lenoge) was the product seller, not Amazon. [read post]
24 Oct 2007, 12:03 pm
The company can’t turn a profit to save its life, but CEO Patrick Byrne blames that on short sellers. [read post]
26 Apr 2012, 3:10 am by Andrew Lavoott Bluestone
In Gorton v Marmon  2012 NY Slip Op 31073(U)  April 16, 2012  Supreme Court, New York County Docket Number: 108094/11  Judge: Joan M. [read post]
14 Apr 2006, 6:07 am
This week's update discusses the New Jersey Appellate Division's ruling in Micheve v. [read post]
16 Nov 2011, 12:16 am by John Diekman
Practice point: New York adheres to the doctrine and imposes no liability on a seller for failing to disclose information regarding the premises when the parties deal at arm's length, unless there is some conduct which constitutes active concealment.Student note: A plaintiff seeking to recover damages for active concealment must show that the defendant thwarted the plaintiff's efforts to fulfill the responsibilities imposed by the doctrine.Case: Margolin v. [read post]