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Statute of Frauds Motion to Dismiss Business Litigation

Lathrop GPM

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

Lathrop GPM on

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

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