News & Analysis as of

Motion to Dismiss › Joint Venture › Breach of Contract

Orrick, Herrington & Sutcliffe LLP

FDIC wins dismissal of individual’s claim of right of first refusal

Orrick, Herrington & Sutcliffe LLP on

On August 11, U.S. SDNY granted the FDIC’s motion to dismiss in a breach of contract case alleged by an individual against the FDIC, acting as receiver for a bank. The plaintiff, a real estate investment firm manager, alleged...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Decision Applies Issues Frequently Considered on Motions to Dismiss

Patterson Belknap Webb & Tyler LLP on

In considering a motion to dismiss related to a real estate development joint-venture gone bad, a recent decision by Justice Andrea Masley in 3P-733, LLC v Davis (No. 650800/2018 [N.Y. Sup. Ct., N.Y. Cty., April 2, 2019])...more

Morris James LLP

Court Of Chancery Again Limits Covenant Claims

Morris James LLP on

Akzo Nobel Coatings Inc. v. The Dow Chemical Company, C.A. No. 8666-VCP (June 5, 2015) This is yet another decision declining to uphold a claim based on the covenant to deal in good faith and fairly....more

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