News & Analysis as of

Cause of Action Accrual Motion to Dismiss

Freiberger Haber LLP

Intent is Important in Determining Third-Party Beneficiary Status

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“A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party to the contract.” The concept of a third-party beneficiary stems from the...more

Foley & Lardner LLP

US District Court in Puerto Rico Rejects Distributor’s Efforts to Hold Wholesalers Liable for a Terminated Agreement Under Puerto...

Foley & Lardner LLP on

Share on Twitter Print Share by Email Share Back to top In Meta Med, LLC, et al., v. Insulet Corporation, et al., Lyvette Mercado Velez, a dietitian, entered into a distribution agreement with Insulet Corporation, a medical...more

Pierce Atwood LLP

Maine Law Court Upholds Sanctions Against Pro Se Litigant in Foreclosure Cases

Pierce Atwood LLP on

Pro se litigant Von Scott filed a complaint against Federal National Mortgage Association (FNMA) in the Superior Court, seeking to void a foreclosure judgment entered in FNMA’s favor and to set aside the subsequent sale of...more

Freiberger Haber LLP

Group Pleading, Failure to Plead Fraud with Particularity and Duplication: A Dismissal Trifecta

Freiberger Haber LLP on

As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud with particularity as required under CPLR § 3106(b), cannot lump all the...more

Freiberger Haber LLP

Fraudulent Inducement, Merger Clauses and Duplication

Freiberger Haber LLP on

A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), a case in which a lower court addressed the question whether the...more

Snell & Wilmer

Patience on Payments Can Hurt

Snell & Wilmer on

A recent Utah Court of Appeals opinion, HKS Architects, Inc. v. MSM Enterprises Ltd. 2021 UT App. 70, puts contractors and designers on notice that they need to pay attention to receivables and excuses for non-payment. The...more

Winstead PC

Federal Court Holds That Texas Does Not Have An Independent Aiding And Abetting Claim For Breach Of Fiduciary Duty But Holds That...

Winstead PC on

In Taylor v. Rothstein Kass & Co., PLLC, a receiver for a failed business sued an accounting firm for various claims arising from the auditor’s issuance of a clean audit report concerning certain financial statements. No....more

Farrell Fritz, P.C.

Economic Justification for the Win – Defeating a Tortious Interference Claim

Farrell Fritz, P.C. on

Consider this situation: You are a shareholder of a company who is about to enter into a contract with a third party. But you know that this is a bad deal that will negatively impact the company....more

Bradley Arant Boult Cummings LLP

Supreme Court Recognizes Extended False Claims Act Statute of Limitations for Whistleblowers - Government Enforcement Update

Resolving a circuit split, the United States Supreme Court in Cochise Consultancy, Inc. v. U.S. ex rel. Hunt held that False Claims Act (FCA) whistleblowers are able to take advantage of an expanded statute of limitations,...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Accrual of Indemnitor Liability

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a mortgage company sued a bank under the indemnity clause of the parties loan purchase agreement. The bank sought dismissal on statute of limitations...more

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

CERCLA/RCRA Cost Recovery Action: U.S. District Court Addresses Potential Liability of an Individual

The United States District Court for the Eastern District of California (“Court”) addressed in a November 16th Memorandum and Order (“Order”) the liability of an individual under certain federal and state environmental...more

Cadwalader, Wickersham & Taft LLP

Accrual Clauses in RMBS Contracts Violate New York Law and Public Policy

On October 16, 2018, the New York State Court of Appeals held that contractual attempts to extend the statute of limitations for causes of action involving breaches of contract are unenforceable because they violate New York...more

Kramer Levin Naftalis & Frankel LLP

Are There Limits to the Remedial Powers of an Indenture Trustee?

In the recent case of Cortlandt St. Recovery Corp. v. Bonderman (NY Ct. Ap. Feb. 20, 2018), the New York Court of Appeals addressed the question of the limits on the authority of an indenture trustee to pursue remedial...more

Best Best & Krieger LLP

Party-by-Party Analysis Adopted for Anti-SLAPP Motions to Dismiss - California Court of Appeal Applies Anti-SLAPP Statute to Some...

A party-by-party analysis was adopted by an appellate court for the California anti-SLAPP statute, significantly narrowing the scope of a lawsuit brought against the City of Alameda and its employees. ...more

Proskauer - Whistleblower Defense

Court Precludes Parallel Cause of Action Where CEPA Violations Are Plead

On January 30, 2018, the U.S. District Court for the District of New Jersey granted Defendant Public Service Electric & Gas Co.’s motion to dismiss a New Jersey common law wrongful termination claim in a whistleblower...more

Ballard Spahr LLP

CFPB files amicus brief in Eleventh Circuit ECOA case

Ballard Spahr LLP on

The CFPB has filed an amicus brief in Regions Bank v. Legal Outsource PA, a case on appeal to the Eleventh Circuit that involves two important issues under the Equal Credit Opportunity Act (ECOA): whether the ECOA provides a...more

Morris James LLP

Court Of Chancery Explains The Continuing Wrong Doctrine

Morris James LLP on

It is settled law that a cause of action accrues when the wrong is committed, not when its effects continue to be felt in the future. But as this decision makes clear, that is not always the case. When additional wrongdoing...more

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