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Motion for Summary Judgment Contract Disputes Contract Terms

Freiberger Haber LLP

Settlement Term Sheet Constitutes Instrument for the Payment of Money Only

Freiberger Haber LLP on

Pursuant to CPLR 3213, a plaintiff may commence an action “based upon an instrument for the payment of money only or upon any judgment” by filing a summons and motion for summary judgment in lieu of complaint. The statute...more

Lathrop GPM

Ohio Federal Court Denies Franchisor’s Motion for Summary Judgment on Area Representatives’ Claims in Renewal Dispute

Lathrop GPM on

A federal court in Ohio recently denied in part a franchisor’s motion for summary judgment related to a dispute over the renewal of two area representative agreements. KAM Dev., LLC v. Marco’s Franchising, LLC, 2023 WL...more

Butler Snow LLP

Disagreement of the minds? Texas Supreme Court hears arguments on implied revocation contracts doctrine.

Butler Snow LLP on

“Meeting of the minds” is a phrase that every lawyer remembers spoken in the voice of their 1L contracts professor. Amid the explanation of offer, acceptance, and the ever-perplexing concept of consideration, the objective...more

Nutter McClennen & Fish LLP

Dismissing Fraud Claims, Judge Davis Rules Party’s Statement of Reasons or Motives Underlying Bargaining Position Constitutes...

In Metal Seal Precision, Ltd. v. Sensata Technologies, Inc., Metal Seal sued Sensata for allegedly breaching the parties’ Memorandum of Understanding (MOU), which required Sensata to purchase minimum quantities of metal...more

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

Demolition Contract: New York Appellate Court Addresses Whether Imposition of Flow Control Constitutes a Significant Change

A New York Appellate Court (“Court”) addressed in a January 9th opinion the effect of flow control by a local governmental authority on a demolition contract. The focus of the decision was whether a general contractor was...more

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