News & Analysis as of

Motion to Dismiss › Right of First Refusal

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

Farrell Fritz, P.C.

A Case of LLC Withdrawal Symptoms

Farrell Fritz, P.C. on

I was especially drawn to the case I’m about to introduce involving LLC member withdrawal, owing to the Jacobs v Cartalemi case that I litigated to a successful conclusion about two years ago, also involving member...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 29, 2019

Carlton Fields on

Real Property Update- Contracts: Escrow agent was bound only by the terms of an escrow agreement to which it was a party and not a purchase agreement to which it was not a party – Carter Dev. of Mass., LLC v. Howard, No....more

Lewitt Hackman

Franchisee 101: Over Supply of Gasoline Burns Potential Sale

Lewitt Hackman on

A gasoline franchisee defeated a motion to dismiss brought by its franchisor, seeking to avoid a claim under the federal Petroleum Marketing Practices Act (PMPA). In 2018, Global Companies (Global) sent the franchisee a...more

Stoel Rives - Renewable + Law

Staying Local: Federal Court Affirms Constitutionality Of Minn. Stat. § 216b.246 And Adopts Supreme Court Tracy Rule

Stoel Rives - Renewable + Law on

On June 21, 2018, the United States District Court, District of Minnesota issued an order and memorandum rejecting a challenge to the constitutionality of Minn. Stat. § 216B.246 and granting defendants’ motions to dismiss....more

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