Contract Terms, Arbitration, Fraud

Under New York Law a Recourse Provision Bars Most Claims Except for Fraud

Robinson+Cole Construction Law Zone on 3/12/2025

In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of...more

Court Holds That Mental Competence Claims Regarding The Execution Of Documents Containing Arbitration Clauses Should Be Determined...

Winstead PC on 1/14/2025

In In re Est. of Moncrief, certain parties alleged that the decedent was mentally incompetent, was unduly influenced, and was defrauded into executing certain documents that contained arbitration clauses. 699 S.W.3d 315 (Tex....more

The Franchise Memorandum - Issue #269

Lathrop GPM on 9/3/2021

Two Illinois Federal Courts Deny Class Certification in Anti-Poaching Class Actions Against Franchisors - Two federal courts in Illinois have rejected motions to certify classes of employees who worked in franchised...more

The Franchise Memorandum - Issue # 268 (Distribution Issue)

Lathrop GPM on 8/6/2021

Welcome to The Franchise Memorandum by Lathrop GPM. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than manage a business format franchise...more

Chris Lazarini Analyzes Claims of Fraud in Arbitration Inducement

Bass, Berry & Sims PLC on 7/30/2020

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a plaintiff sued Ameriprise, its broker (Evans), and her step-children, seeking the proceeds of two accounts she claimed Ameriprise improperly paid to the...more

Court Upholds Arbitration Provision Despite Allegations of Fraud in Contract’s Execution

Carlton Fields on 3/13/2020

The dispute involved the potential trade-in of a car and the purchase of a pickup truck by two customers at a car dealership. During the course of the transaction, one of the customers signed a document that he later learned...more

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on 11/4/2019

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]). And so, lawyers tasked with...more

Parties Must Proceed to Arbitration Despite Unavailability of Arbitration Forum Specifically Named in the Contract

Troutman Pepper Locke on 12/20/2018

Paulozzi v. Parkview Custom Homes, L.L.C., 2018 Ohio App. Lexis 4739 ( Nov. 1, 2018) - This case arose out of a dispute between homeowners and their contractor. Dissatisfied with the work, the Paulozzis sued their...more

Federal District Court in South Dakota Compels Arbitration Despite Defendant’s Failure to First Submit the Dispute to the Project...

Troutman Pepper Locke on 9/14/2017

Dlorah, Inc. v. KLE Constr., LLC, No. CIV. 16-5102-JLV, 2017 U.S. Dist. LEXIS 11043 (D.S.D. July 17, 2017) - Plaintiff, Dlorah, Inc. (“Dlorah”), filed suit against defendant, KLE Construction, LLC (“KLE”), in connection...more

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