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Promissory Notes Cause of Action Accrual

Stikeman Elliott LLP

Pleading Breaches of Fiduciary Duties in Class Proceedings: Court of Appeal Keeps the Bar Low in Ontario

Stikeman Elliott LLP on

In Boal v International Capital Management Inc.(“Boal”), the Ontario Court of Appeal (the “Court”) considered the pleading requirements for certification of a breach of fiduciary duty cause of action. In holding that it was...more

Freiberger Haber LLP

Group Pleading, Failure to Plead Fraud with Particularity and Duplication: A Dismissal Trifecta

Freiberger Haber LLP on

As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud with particularity as required under CPLR § 3106(b), cannot lump all the...more

Jones Day

Caveat Emptor—Anti-Assignment Clause Renders Transferred Claim Unenforceable

Jones Day on

Amid the explosion of trading in claims against distressed and bankrupt entities, courts in recent years have issued numerous rulings of interest to both buyers and sellers. Notable decisions have addressed, among other...more

Farrell Fritz, P.C.

Default Judgment Entered on a Promissory Note Even Though Claim Likely Violated Criminal Usury Laws

Farrell Fritz, P.C. on

So a plaintiff obtains a default judgment against a defendant on a promissory note case. Defendant fails to appear or defend. ...more

Carlton Fields

District Court Of Nebraska Determines Non-Signatory Of Arbitration Agreement Is Not Bound To Arbitrate

Carlton Fields on

A signatory may bind a non-signatory to an arbitration agreement through principles of contract and agency law such as: (1) incorporation by reference; (2) assumption; (3) agency; (4) veil-piercing/alter-ego; and (5)...more

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