News & Analysis as of September 21, 2024

Breach of Contract

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Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain.

Court Sides with Long-Term Care Insurer Over Claim Denial and Potential Fraud

Faegre Drinker Biddle & Reath LLP on 6/10/2024

A judge from the District of Colorado recently issued an opinion that might leave the door open for long-term care insurers to void policies after the contestability period expires if an insured commits fraud. See Meyer v....more

Illinois Federal Court Grants Franchisor’s Motion to Dismiss Terminated Franchisee’s Fraudulent Misrepresentation and Breach of...

Lathrop GPM on 3/15/2024

A federal court in Illinois recently dismissed a former franchisee’s counterclaims for alleged fraudulent misrepresentation, breach of contract regarding the franchisor’s advertising fund, and breach of contract and implied...more

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

Bradley Arant Boult Cummings LLP on 5/22/2023

Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2,...more

DNJ Enters Default Judgment on Breach of Contract Counterclaim in Manufactured TCPA Lawsuit

Faegre Drinker Biddle & Reath LLP on 11/14/2022

The United States District Court of New Jersey recently granted default judgment to Defendant Slack Technologies (“Defendant”) for its breach of contract counterclaim against Plaintiff Gino D’Ottavio (“Plaintiff”), who...more

Renewable Energy Production: U.S. District Court Addresses Dispute Involving Development Agreement

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/12/2019

A United States District Court (Rhode Island) (“Court”) addressed in a November 6th Order a procedural motion associated with a dispute regarding parties who had entered into a series of agreements to develop renewable energy...more

Superior Court CCLD Addresses Pleading Standards for Trade Secret, Fraud and Implied Covenant Claims

Morris James LLP on 9/4/2019

Brightstar Corp. v. PCS Wireless, LLC, C.A. No. N18C-10-250 PRW CCLD (Del. Super. Ct. Aug. 7, 2019). Brightstar and PCS, two competitors that distribute new and pre-owned mobile devices, entered into a buy/sell agreement...more

Delaware Court Of Chancery Holds Alleged Breaches Of Representations Do Not Excuse Buyers' Noncompliance With Post-Closing...

A&O Shearman on 11/6/2018

On October 29, 2018, Chancellor Andre G. Bouchard of the Delaware Court of Chancery entered final judgment on counterclaims seeking to enforce covenants in a stock purchase agreement requiring the buyers to remit certain tax...more

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