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· 9/26/1985

Jerome James Anselmo v. Manufacturers Life Insurance Company

Citations

  • 771 F.2d 417

How courts have described this case

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

  • stating whether particular facts are sufficient to constitute duress is a matter of law
  • considering the fact that a representative of the defendant told the plaintiff he must sign the release, but balancing that “pressure” against whether the plaintiff contacted an attorney, considered the release and chose to accept it knowing the circumstances (even if the choice was difficult
  • “Silence and acquiescence for a considerable period thereafter, action in accord with it, and acceptance of benefits under it, amount to a ratification.” (citation omitted)
  • “A party, who is entitled to avoid a contract on the ground of duress should repudiate it promptly after the duress has been removed.” (citation omitted)
  • \Although he surely confronted a difficult dilemma – accepting the termination perks or pursuing his legal rights under the employment agreement – the -7- fact that the choice was difficult does not mean that he lacked the requisite free will to make the decision.\
  • imposing sanctions for filing a frivolous appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Heaney, Gibson, Bowman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.