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Commercial Law

[07/01] Arnold's Wines, Inc. v. Boyle
District court order granting defendants' motions to dismiss plaintiff's request for a declaratory judgment is affirmed where sections of the New York Alcoholic Beverage Control Laws banning direct sales to consumers by out-of-state liquor retailers and instituting a three-tier system for the regulation of alcoholic beverages evenhandedly regulate the importation and distribution of liquor within the state and do not discriminate against out-of-state producers in violation of the Commerce Clause, and thus are a valid exercise of the state's rights under the Twenty-first Amendment.

[06/26] TAG/ICIB Services, Inc. v. Sedeco Servicio de Descuento en Compras
District court judgment against defendant for overdue demurrage owed to plaintiff is reversed where: 1) Puerto Rico Commerce Code Article 947's 180-day limitations period applies to plaintiff's claim for overdue demurrage charges on international shipments to Puerto Rico; and 2) the court did not err in failing to apply the laches presumption, as the parties offered scant facts relevant to such an inquiry and the parties consented to judgment based on the stipulation.

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Probate Trusts

[06/08] Cory v. Toscano
Trial court judgment that a proposed petition to determine the terms of the trust did not violate the trust's no contest clause is affirmed where the handwritten notations on the trust instrument were an attempt to amend the trust and were not part of the original trust agreement, and thus a challenge to its validity is not a contest under Probate Code sec. 21305(a)(3).

[06/05] Ditta v. Conte
In a breach of fiduciary duty action involving the removal of a trustee of an an inter vivos trust, court of appeals' judgment holding that the case was time-barred is reversed and remanded where a statutory limitations period is applicable to suits seeking damages for breach of fiduciary duty but no statute of limitations period restricts a court's discretion to remove a trustee.

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