· 3/26/1997
Lazard Freres & Co., Plaintiff-Counter-Defendant-Appellee v. Protective Life Insurance Company, Defendant-Counter-Claimant-Appellant
Citations
- 108 F.3d 1531
- 1997 U.S. App. LEXIS 5784
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a federal court sitting in diversity must apply New York choice-of-law principles, including the principle that New York law applies in contract cases where it is the “center of gravity” of the dispute
- noting that a federal court sitting in diversity must apply New York choice‐of‐law principles, including the principle that New York law applies in contract cases where it is the “center of gravity” of the dispute
- surveying New York case law and explaining that New York courts find reliance unreasonable where the “relevant facts” regarding a misrepresentation or omission “were easily accessible to the relying party”
- “As a substantial and sophisticated player in the bank debt market, [plaintiff investment bank] was under a further duty to protect itself from misrepresentation.”
- “A federal court sitting in diversity must apply the choice of law rules of the forum state, in this case New York.”
- “[U]nder New York law, a contractual choice of law provision governs . . . cause[s] of action sounding in contract.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Calabresi, Jacobs, Van Graafeiland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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