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Breach of Contract › Duty to Disclose

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

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In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

Bricker Graydon LLP

Lenders Rejoice - Ohio Supreme Court Saves The Day On Guaranties

Bricker Graydon LLP on

In 2024, we alerted you to a decision out of the First Appellate District of Ohio (The Huntington National Bank v. Schneider, C-230072 (December 29, 2023)), where the Court was asked to review a grant of summary judgment in...more

Troutman Pepper Locke

Summary Judgment Ruling in Complex Contract Dispute Addresses Issues from A (Admiralty) to W (Warranty) and Many in Between

Troutman Pepper Locke on

In a case involving a fact pattern that could be on a law school exam, EDVA Judge Mark Davis provides a detailed analysis of a series of issues in a complex dispute between a yacht owner and a marine engine manufacturer. What...more

Bradley Arant Boult Cummings LLP

Court Holds That Contractor Has Duty to Disclose Information Related to the Viability of Pass-Through Claims When Negotiating...

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A Utah federal court recently held that when negotiating a pass-through settlement agreement, a contractor has a duty to disclose information to its subcontractor regarding the viability of the claims to be passed through....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Groundwater Contamination/Dry Cleaners: Alaska Supreme Court Addresses Whether Seller Had a Duty to Disclose

Mitchell, Williams, Selig, Gates & Woodyard,... on

The Alaska Supreme Court (“Court”) addressed in a December 30th opinion issues arising out of the purchase of a property that had groundwater contamination. See Gavora, Inc. v. City of Fairbanks, 502 P.3d 410. ...more

Goodwin

Massachusetts Superior Court BLS Finds No Duty To Disclose Alleged Preliminary Merger Discussions

Goodwin on

Massachusetts Superior Court BLS Finds No Duty to Disclose Alleged Preliminary Merger Discussions, Northern District of California Declines to Dismiss Oracle Fraud Class Action Suit, SCOTUS Hears Oral Argument in Goldman...more

Hudson Cook, LLP

Dealership's Finance Manager Had Duty to Inform Buyer of Inconspicuous Arbitration Clause in Purchase Agreement Due to False...

Hudson Cook, LLP on

The buyer and a dealership signed a purchase agreement containing a dispute resolution clause ("DRC"). The DRC, in the middle of the purchase agreement, was the only provision in red ink, was in a smaller font and called for...more

Winstead PC

Because Fraud By Nondisclosure Cannot Occur After A Transaction Is Consummated, Employees Generally Do Not Owe A Duty To Disclose...

Winstead PC on

In CLC Roofing v. Helzer, a roofer purchased shingles from a seller and stored them on the seller’s property. No. 02-17-00229-CV, 2019 Tex. App. LEXIS 5927 (Tex. App.—Fort Worth July 11, 2019, no pet. history). ...more

Winstead PC

Texas Supreme Court Holds That A Fraud-By-Nondisclosure Claim Can Apply Outside Of A Fiduciary Or Confidential Relationship

Winstead PC on

In Bombardier Aero. Corp. v. Spep Aircraft Holdings, a plaintiff who had purchased an aircraft sued the defendant for fraud associated with representations regarding whether the aircraft was new or used. No. 17-0578, 2019...more

Dorsey & Whitney LLP

Second Circuit Deals Blow to Government’s Use of FIRREA as an Enforcement Tool

Dorsey & Whitney LLP on

When does a breach of contract amount to fraud? Last week the Second Circuit answered this question and reversed a $1.27 billion judgment against Bank of America and a $1 million judgment against a former executive for their...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

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