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· 5/13/2024

Doug Hoskin v. Josh Krsnak

Syllabus

Appellant and one of the respondents each owned an interest in the same limited-liability company. In December 2020, appellant negotiated with that respondent and transferred his interest in the limited-liability company by signing five written agreements. Each agreement included a clause releasing all of appellant's claims related to the limited-liability company. In July 2022, appellant sued that respondent along with a second respondent, the first's solely owned limited-liability company, alleging two counts of fraud and eight other counts. The district court granted respondents' motion to dismiss the complaint for failure to state a claim for relief. The district court also granted respondents' motion for attorney fees and costs as provided in the transfer agreements. Appellant contends that the district court erred by dismissing the complaint and awarding attorney fees and costs. Appellant argues, first, that the complaint alleges facts sufficient to show that duress and fraud invalidate the releases in the transfer agreements, so he is entitled to pursue all claims. Second, appellant contends in the alternative that the complaint alleges facts sufficient to state a claim for relief in five counts, contrary to the district court's analysis. Third, appellant argues that the attorney-fee provision does not apply and that, even if it did, the district court disregarded his right to a jury trial on respondents' claim for attorney fees and costs. We affirm.

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