News & Analysis as of

Statute of Frauds Appeals

Mitchell, Williams, Selig, Gates & Woodyard,...

Landfill Closure/Property Redevelopment: Oregon Appellate Court Addresses Whether Mulch Storage Agreement Constitutes an...

The Court of Appeals of Oregon (“Court”) issued a December 18th opinion addressing whether the temporary storage of waste mulch generated pursuant to a landfill closure constituted an irrevocable license. See Joseph Mill...more

Lewitt Hackman

Franchisor 101: The Proof Is in the Writing

Lewitt Hackman on

Ten years after the franchisor of the EXIT real estate system entered into a franchise agreement for a franchisee to operate an EXIT franchise in Maitland, Florida, the parties entered into another franchise agreement for a...more

Womble Bond Dickinson

N.C. Court of Appeals Addresses Common Affirmative Defenses In Commercial Foreclosure Context

Womble Bond Dickinson on

A recent opinion from the North Carolina Court of Appeals addresses some common borrower defenses within the context of foreclosure and statute of frauds issues: compromise and settlement, accord and satisfaction, the...more

Sheppard Mullin Richter & Hampton LLP

No Change Of Position, No Estoppel

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

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