United States v. Barnason

How courts have described this case

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

• finding that enforcing a contractual pre-trial notice provision in a breach of contract claim would be futile given defendants’ failure to remove the force-placed policies even though plaintiffs had previously informed them that there was an existing error
• noting that “injunctions are remedies, not causes of action.”
• “[A] claim for breach of the implied covenant must be dismissed where it is merely duplicative of a breach of contract claim.”
• “New York law implies a covenant of good faith and fair dealing in all contracts.”
• generally, the relationship between a 23 borrower and a bank is contractual in nature and does not create a fiduciary relationship between 24 them
• “[A] party need not provide notice of and an opportunity to cure a breach when doing so would be futile.” (citing Bausch & Lomb Inc. v. Bressler, 977 F.2d 720, 728 (2d Cir. 1992))

Source: CourtListener parenthetical corpus (CC0).