Business Litigation, Statute of Frauds

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

Lathrop GPM on 4/4/2025

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

Michigan Supreme Court Overrules Court of Appeals Decision in MSSC, Inc. v. Airboss Flexible Products Co.

Bodman on 7/21/2023

We write to alert you to a recent development on one of the topics discussed at the Bodman/Kharon/Miller & Chevalier Executive Briefing on Emerging Legal and Regulatory Issues Facing Automotive Companies that took place on...more

Betting the Farm On An Oral Partnership Agreement

Farrell Fritz, P.C. on 7/12/2021

The Cummins Nursery in upstate New York grows, harvests, plants, and grafts fruit trees — mainly apple trees — which along with scions and rootstocks it sells by the tens of thousands each year. There’s also a farm stand and...more

Another “Unsigned Agreement” Held Enforceable Where the Parties Intended to be Bound, Despite Not Signing

Farrell Fritz, P.C. on 12/20/2019

Not all agreements need to be in writing to be enforced. Indeed, unless there is an applicable Statute of Frauds, oral agreements are enforceable. But what if the parties to an agreement — a formal contract — don’t sign? ...more

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

Farrell Fritz, P.C. on 11/4/2019

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

Business Litigation › Statute of Frauds

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

Michigan Supreme Court Overrules Court of Appeals Decision in MSSC, Inc. v. Airboss Flexible Products Co.

Betting the Farm On An Oral Partnership Agreement

Another “Unsigned Agreement” Held Enforceable Where the Parties Intended to be Bound, Despite Not Signing

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

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