Soward v. Deutsche Bank Ag

How courts have described this case

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

• distinguishing ACE and holding that a failure to repurchase is “not an independent breach”
• sustaining claims for rescissory damages even though plaintiff had “pled the adequate remedy at law of [contract breach]” on the grounds that “rescissory damages [were] pled in the alternative . . .”
• sustaining plaintiff’s claim for specific performance to compel defendant to repurchase breaching loans
• contract provided that repurchase obligation was the “sole remedy” for a breach of representations and warranties
• “Defendant’s argument that rescission here will not ensure that the ‘status quo be substantially restored[ ]’ presents factual issues premature at this stage.”
• “Plaintiff has acknowledged its rights under the relevant Agreements to pursue this remedy.”

Source: CourtListener parenthetical corpus (CC0).