The Eleventh Circuit Court of Appeals recently upheld a settlement agreement between a franchisor and former franchisee that the franchisee alleged was obtained under the threat of criminal prosecution. Sewalk v. Valpak...more
Since its enactment in 2010, California’s Automatic Renewal Law (ARL) has motivated an ever-increasing number of putative class action complaints. The latest surge is due in large part to amendments that went into effect last...more
In July 2020 we wrote about a precedential decision called Lewis v. Lewis, 234 A.2d 707, 711 (Pa.Super.) where what might be described a “fairness in execution” doctrine appeared to be substituted for traditional notions of...more
Duress has long been considered by New Jersey courts as a cognizable defense where the provision of a Get – defined as a Jewish ecclesiastical divorce – is conditioned upon a party’s capitulation to contract terms....more
Following up on my blog post regarding Setting Aside Bais Din Agreements to Arbitrate Due to Procedural Issues, this post will focus on some more substantive issues that could arise that may serve as a defense to Agreements...more
A settlement agreement between two parties should not be set aside for duress despite threats of criminal prosecution having been made: Al Saif Group v Robert Thomas Cable [2022] EWHC 271 (QB), 10 February 2022....more
A recent decision from the First Department reminds us that New York courts are not sympathetic to duress claims when the alleged acts or threatened acts fall within the ambit of the defendant’s rights under a valid...more
I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack of time, fear/cowardice, not having your act together, or any...more
In a reported three judge panel decision issued on June 12, 2020, the Superior Court appears to have made it easier for parties to avoid a contractual agreement on the basis of duress. The case, Lewis v. Lewis is reported as...more
In Cortes v. Wendl, an elderly woman signed a deed conveying her mineral rights to two individuals. No. 06-17-00121-CV, 2018 Tex. App. LEXIS 4457 (Tex. App.—Texarkana June 20, 2018, no pet.)....more
Has it ever crossed your mind — even if only for a moment — that if you are extra super nice to rich old Aunt Harriet (or whomever the “Aunt Harriet” in your life may be), who is getting up there in years, never had any...more
Huntsman International LLC v. Dow Chemical Co., C.A. No. N17C-11-242-WCC-CCLD (Del. Super. Oct. 3, 2018) - In this decision by the Complex Commercial Litigation Division, the Court held, for the first time, that under 6...more
In a decision that could have employers rethinking how they offer employees a severance agreement, in McClellan v. Midwest Machining, Inc. the Sixth Circuit held that former employees seeking to void severance agreements do...more
In United States v. Hernandez, 16-2765, the Second Circuit (Kearse, Cabranes, Lohier) affirmed the conviction of a member of La Mara Salvatrucha (MS-13), a street gang that operates in certain parts of the country, arising...more
The discharge of an executor or trustee is the ultimate end-game of most, if not all, estate and trust administrations. Affording that kind of comfort level to the fiduciary can be accomplished in one of two ways,...more
The Tennessee Court of Appeals, Middle Section: SK Food Corporation, et al. v. FirstBank, Case No. M2016-01019-COA-R3-CV, filed 02/28/2017, recently had the opportunity to consider whether a party, faced with a “take it or...more
One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more
Barbara Lynch et al. v. California Coastal Commission, Case No. S221980 - The California Supreme Court has drawn a deeper line in the sand by (a) refusing to expand the Mitigation Fee Act to cover “land use restrictions”...more
The Tennessee Court of Appeals recently found that a “take or leave it offer” extended by a lender to a borrower experiencing financial difficulty was not duress. SK Food Corp., et al. v. FirstBank, No....more
Earlier this fall, the U.S. District Court in Massachusetts transferred an employee’s declaratory judgment action to the Eastern District of Michigan pursuant to a forum-selection clause in a non-compete agreement over the...more
Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more
An antitrust class action lawsuit brought by golf caddies against the Professional Golf Association will not be afforded a mulligan after a federal district court dismissed their complaint with prejudice. A putative class of...more
Imagine that the State of North Carolina knocks on your office door and informs you that you are no longer allowed to accept Medicaid and/or Medicare reimbursement rates. That for whatever reason, you are no longer allowed to...more