In re Filler

How courts have described this case

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

• finding no implied waiver where the contract contained a no waiver provision
• equitable estoppel did not apply where alleged misrepresentation concerned the plaintiff’s legal opinions, “not facts”
• “[T]he election of remedies doctrine requires knowledge of the alleged breach and an affirmative action that constitutes an election to continue performance.”
• “Fed. R. Civ. P. 8(c) requires a defendant to ‘affirmatively state any avoidance or affirmative defense,’ and affirmative defenses that are not raised in the pleading stage should be dismissed.” (citation omitted)
• “When a contract contains a ‘no waiver’ clause ... a non-breaching party can continue his contract instead of terminating it based on breaches that previously occurred and yet not waive any of his rights under the contract.”
• “The moving party must demonstrate controlling law or factual matters put before the court on the underlying motion that the movant believes the court overlooked and that might reasonably be expected to alter the court's decision.”

Source: CourtListener parenthetical corpus (CC0).