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Breach of Contract › Fraud › Affirmative Defenses

Lathrop GPM

North Carolina Federal Court Rules That Franchise Agreement’s 1-Year Statute of Limitations Clause Barred Action Against...

Lathrop GPM on

A federal court in North Carolina recently dismissed a complaint brought by Bigelow Corporation against its franchisor Hound Town USA because the claims were time barred. Bigelow Corporation v. Hounds Town USA, LLC, 2023 WL...more

Patterson Belknap Webb & Tyler LLP

Court Strikes Defendant’s Jury Demand Where Defendant Asserted Equitable Defense of Rescission

Patterson Belknap Webb & Tyler LLP on

In Real Estate Webmasters Inc. v. Rodeo Realty, Inc., Justice Richard Platkin of the Albany County Commercial Division granted plaintiff’s motion to strike Rodeo’s jury demand in connection with Real Estate Webmasters Inc.’s...more

Nutter McClennen & Fish LLP

Dismissing Fraud Claims, Judge Davis Rules Party’s Statement of Reasons or Motives Underlying Bargaining Position Constitutes...

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In Metal Seal Precision, Ltd. v. Sensata Technologies, Inc., Metal Seal sued Sensata for allegedly breaching the parties’ Memorandum of Understanding (MOU), which required Sensata to purchase minimum quantities of metal...more

Carlton Fields

First Circuit Concludes Plaintiff’s Delay Waived Arbitration Clause

Carlton Fields on

Joca-Roca Real Estate, LLC sued Robert T. Brennan asserting claims of fraud and breach of contract arising out of an agreement between the two parties which contained an arbitration clause. Although Brennan raised the failure...more

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