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Motion to Dismiss › Statute of Frauds

Lathrop GPM

California Federal District Court Dismisses Distributor’s Oral Contract Claims Under Statute of Frauds

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A federal court in California recently granted a manufacturer’s motion to dismiss a distributor’s oral contract claims, but declined to dismiss claims for promissory estoppel and unjust enrichment. Cosmonova, LLC v. BioFilm,...more

Farrell Fritz, P.C.

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

Farrell Fritz, P.C. on

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

Bass, Berry & Sims PLC

Chris Lazarini Discusses Application of New York Statute of Frauds in Case Seeking to Recover Compensation

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed the case in which an investment bank sought to recover compensation from a client it had assisted in raising capital. The investment bank sued on claims of quantum meruit,...more

Morris James LLP

Delaware Superior Court Explains Statute Of Frauds

Morris James LLP on

World Class Wholesale LLC v. Star Industries Inc., C.A. N17C-05-093 MMJ (May 22,2018) - This decision explains that when a contract may be validly terminated in less than a year the statute of frauds does not apply....more

Farrell Fritz, P.C.

Forum Selection Clause in Broker Agreement Insufficient to Confer Personal Jurisdiction

Farrell Fritz, P.C. on

The Second Department recently handed down a harsh reminder of the importance of obtaining an executed broker’s agreement.  Oral agreements for broker fees are apt to run afoul of the statute of frauds, and personal...more

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