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· 10/5/2016

in Re William Isaac Hoff

How courts have described this case

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

  • “Plaintiffs have plausibly alleged that AP deprived Plaintiffs of ‘the fruits of’ the contributor agreements[.]”
  • “[W]hen parties deal at arms length . . . no relation of confidence or trust sufficient to find the existence of a fiduciary relationship will arise absent extraordinary circumstances.”
  • “A party certainly cannot succeed on claims for both breach of an express contract term and breach of the implied covenant based on the same facts . . . .”
  • “Disputes involving the scope of a license present courts with a question of contract.”
  • “Where a plaintiff alleges . . . that the defendant simply misrepresented its intent to perform under a contract, no separate claim for fraud will lie, and the plaintiff must instead bring an action for breach of contract.” (citing Wall, 471 F.3d at 416)
  • “The existence of a license is an affirmative defense.”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.