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Tag Archives: Contract

Exculpation clause bars claims against developers (access required)

Where plaintiffs alleged that property developers interfered with their rights related to land in a commercial, retail and residential planned development, several claims were dismissed because of an exculpation clause in the property owners association, or POA, declaration. Background This ...

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Breach of contract claim doomed by first breach (access required)

Where an automotive parts supplier alleged that a warehouse distributor breached the parties’ contract, but the record showed the supplier committed the first breach by failing to keep the distributor competitive in the marketplace, the distributor was granted summary judgment. ...

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Bank awarded damages, collateral from defaulting parties (access required)

Where a company and its sole member failed to make payments under eight trucking equipment financing agreements, a bank was awarded damages. As the defendants were unlikely to satisfy a judgment and had stopped communicating with their counsel, the bank ...

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