Trivial Breaches and Form Over Substance
- Apr 29 2025
By: Jeffrey M. Haber The elements of a claim for breach of contract are straightforward. The movant must establish: (1) the existence of a valid contract, (2) the plaintiff’s performance …
Posts Tagged ‘ Commercial Litigation And Business Litigation ’
Court Finds Oral Agreement to Pay Legal Fees Not Barred by Statute of Frauds
- Sep 9 2019
Attorneys are often asked whether an oral agreement is enforceable. Most will say that the answer depends on the law and the facts surrounding the agreement. As an initial matter, …
Court Dismisses Breach of Fiduciary Duty Claim That Should Have Been Brought Derivatively
- Jul 31 2019
Distinguishing between direct and derivative claims is not easy. Sometimes, the difficulty arises because of the entity involved. For example, in the LLC context, there are fiduciary relationships (e.g., managing …
