The Supreme Court of the United States recently held that to prevail in a claim for racial discrimination under 42 U.S.C. § 1981, “a plaintiff must plead and ultimately prove that, but for race, it would not have suffered the loss of a legally protected right.”
Posts tagged as “contracts”
The U.S. Court of Appeals for the Eighth Circuit affirmed a trial court’s judgment against a guarantor holding that a guaranty signed upon the advice of his financial advisor was binding even if he did not know the amount of the debt because he understood that he was signing a guarantee and the guarantor’s fraud in the factum defense required him to be deceived as to the type of document signed. A copy of the opinion in Radiance Capital Receivables Eighteen, LLC v. Concannon is available at: Link to Opinion. The plaintiff signed a general guaranty for the debts of a…
Fla. Court Holds Alleged ‘No Lawful Basis to Debit’ Enough to State Claim Under Reg J and UCC Art 4A
The Circuit Court of the Eleventh Judicial Circuit in Miami-Dade County, Florida recently dismissed equitable and tort claims for restitution, “money had and received,” negligence, indemnification, tortious interference and conversion brought by a company against its bank for reversing a wire transfer due to fraud. However, the Court refused to dismiss the account holder’s claim for breach of the deposit agreement. The Court held that Regulation J (12 CFR § 210.25-210.32) and Article 4A of the Uniform Commercial Code (UCC) were incorporated into the deposit agreement at issue, and these provisions only allowed the bank to reverse the payment under…
The U.S. Court of Appeals for the Tenth Circuit recently affirmed a trial court’s denial of a motion to compel arbitration against non-signatory third-party beneficiaries who did not accept the benefits of the contract. A copy of the opinion in Jacks v. CMH Homes is available at: Link to Opinion. In 2009, a buyer financed a mobile home purchase with a manufactured-home retail installment contract. The contract contained an arbitration provision that purportedly extended to “all co-signors and guarantors … and any occupants of the manufactured home.” Five years later, the buyer and her family sued the home’s manufacturer and…
The Supreme Court of the United States recently held that a state law penalizing merchants for charging a surcharge for credit card payments did not restrict the amount that a store could collect when a buyer paid by credit card (i.e., a regulation on conduct). Instead, the Court held that the state statute regulated how sellers may communicate their prices, and was therefore a regulation on speech subject to First Amendment scrutiny. As you may recall, in Dana’s R.R. Supply v. AG, 807 F.3d 1235 (11th Cir. 2015), the U.S. Court of Appeals for the Eleventh Circuit held that a…