Rubenstein v. Primedica Healthcare, Inc.

How courts have described this case

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

• finding that appellant sufficiently stated a cause of action for breach of an oral agreement as the oral renewal of a one-year oral contract took the contract out of the statute of frauds
• “Because the issue of whether a complaint is sufficient to state [a] cause of action is one of law, the standard of review is. de novo.”
• “[A] plaintiff is required to allege facts that . . . demonstrate that the parties mutually assented to a certain and definite proposition and left no essential terms open.” (citation modified)
• “[W]here an agreement expires by its terms and without more, the parties continue to perform as before, an implication arises that they have mutually assented to a new contract containing the same provisions as the old.”

Source: CourtListener parenthetical corpus (CC0).