Under California Law, a party seeking to defeat the statute of frauds based on promissory estoppel must allege an actual change in position. In Jones v. Wachovia Bank, 230 Cal.App.4th 935 (2014), the California Court of...more
A recent opinion from the Second Circuit Court of Appeals reaffirms that the Statute of Frauds will not void an oral agreement to pay commissions if the agreement lacks a fixed duration.
In Kroshnyi v. U.S. Pack...more
The New Jersey Supreme Court declared yesterday in Maeker v. Ross that any oral promises to provide lifetime support that were made prior to 2010 are actionable. In 2010, the New Jersey Legislature amended the Statute of...more
On June 20, 2014, the Florida Supreme Court accepted review of a Fifth District decision that certified the following question of great public importance...more
In a recent decision, the Pennsylvania Superior Court resolved an open question of state law regarding which one of two alternative statutes of frauds apply to oil and gas leases, in the process making clear that for an oil...more
SC19047 - Commissioner of Public Safety v. Freedom of Information Commission -
1994 legislation that expanded the disclosure requirements of law enforcement agencies beyond just the name, rank & serial number of the...more
The Statute of Frauds has been a part of Anglo-American jurisprudence for centuries. It made its first appearance in the wake of the English Civil War (yes, they had one too but for very different reasons) when King Charles...more
On March 6, 2014, the Supreme Court of Ohio held that the statute of frauds barred a group of guarantors from raising, as a defense to a collection suit, a claim that the bank’s right to enforce the guaranties was barred by...more
I. FLORIDA STATE CASES – SASHA GRANAI FUNK -
Foreclosure: final judgment of foreclosure without amounts due and owing invalid and precludes foreclosure sale - King v. US Bank, No. 1D13-3109 (Fla. 1st DCA Nov. 6, 2013)...more
The California Court of Appeal reversed a lower’s court’s dismissal of a lawsuit by a borrower alleging that her lender breached an agreement to offer a permanent loan modification after she made all required payments under a...more
Text message: “Awesome.”
Is that any way to form a contract? In 2011, a Florida state court said it was.
It was as early as 1677 that the British Parliament passed the Statute of Frauds, which generally provided...more
In 1677, the English Parliament enacted a law establishing a legal principle that was eventually adopted by all of the future states of its nascent colonies – the Statute of Frauds....more
The Statute of Frauds is a BIG deal in real estate transactions and litigation. (This is our second post about it already…)....more
The Fourth Circuit, in an unpublished opinion, recently held that an oral statement that borrowers should disregard notices of foreclosure sale while being considered for a loan modification is insufficient to set aside a...more
Valid Description? We don’t need no valid stinking description!
Actually, in May v. Buck, a Texas Court of Appeals says you do. The need for a sufficient property description in a oil and gas transaction seems like an...more
Leave it to Don King to muddy the legal waters. Consistent with its recent pattern of strictly enforcing agreements, the Florida Supreme Court issued a decision that refused to expand exceptions to the Statute of Frauds. DK...more
On March 7, the Texas Court of Appeals of the Thirteenth District affirmed a trial court’s holding that the essential terms of an option contract for the purchase of real estate were present when three e-mail messages...more
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