Badger v. Boulevard Bancorp, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the plaintiff failed to state a claim for the defendant’s alleged breach of an agreement to provide pre-suit notice because the plaintiff could not plausibly allege that the defendant would not have brought the suit had it complied with the notice requirement
• declining to decide whether a provision expressly waiving the implied covenant of good faith is enforceable
• “[F]ederal courts adhere to the precept that subject matter jurisdiction is determined based on the circumstances at the time of filing.”
• “[A] court may not limit contractual discretion where limitations are not supported by the express contractual language.”
• remand to related state court proceedings was appropriate, particularly where discovery was stayed in instant action and “the parties have already begun to exchange responsive materials” in state court, which would allow parties to avoid duplication of discovery

Source: CourtListener parenthetical corpus (CC0).