...suspects that the general partner has been paying inflated management fees to an affiliate. The limited partner asks for recent financial statements, capital-account records, and contracts with the affiliate for the purp...
Citations: Uniform Limited Partnership Act principles
Consultant sues Client for unpaid fees under a written engagement letter. Consultant cannot locate the signed letter. In Client's deposition, Client testified, "The engagement letter said Consultant would receive a $60,0...
Citations: Fed. R. Evid. 1007, Fed. R. Evid. 1008, Fed. R. Evid. 801(d)(2)
...t out, used the account for six months, and later sued over overdraft fees. The plaintiff argues that the clause is unconscionable because it bars class proceedings and was added after the account was opened. The Library...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...lt judgment for $480,000 plus foreclosure of inventory and attorney's fees. The importer immediately moved to set aside the default, explaining that its president mistakenly thought settlement talks paused the answer dea...
Citations: Fed. R. Civ. P. 55, Fed. R. Civ. P. 60(b)
...int seeking $80,000 in unpaid invoices, an injunction, and attorney's fees. The defendant missed the answer deadline. The plaintiff asks the clerk to enter default and then enter default judgment granting all requested r...
Citations: Fed. R. Civ. P. 55
...05,000. The hotel also paid $3,000 in reasonable architect and permit fees to shift the work to the replacement contractor. The hotel seeks $60,000 in lost profits from weddings it says it would have booked if the origin...
Citations: Restatement (Second) of Contracts 347, Restatement (Second) of Contracts 350, Restatement (Second) of Contracts 351, Restatement (Second) of Contracts 352, NCBE NextGen UBE Content Scope, Contracts
...l court for breach of a license agreement, seeking $900,000 in unpaid fees and an injunction barring further use of the software. The retailer counterclaimed for rescission based on alleged fraud and also sought damages...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
...summary judgment only on the hospital's liability for unpaid license fees. The hospital's opposition admitted that it signed the agreement and had not paid three invoices, but argued that the amount due was lower becaus...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(f), Fed. R. Civ. P. 56(g)
Builder applied for a permit to construct 40 townhomes on a vacant parcel. The project would add about 300 daily vehicle trips and would increase stormwater runoff into a creek. City approved the permit only if Builde...
Citations: NCBE MEE Subject Matter Outline, Nollan v. California Coastal Commission, Dolan v. City of Tigard, Koontz v. St. Johns River Water Management District, Sheetz v. County of El Dorado
...y $500,000 to Orchid. Before judgment, Orchid advanced Morgan's legal fees after Morgan signed a written promise to repay any amounts for which indemnification was unavailable. After the case, Morgan asked Orchid to inde...
Citations: NCBE MEE Business Associations outline, Model Business Corporation Act indemnification principles
...ession of each parcel after these events. This essay tests defeasible fees, retained future interests, executory interests, and automatic versus optional termination. NCBE MEE Subject Matter Outline, Common law real-prop...
Citations: NCBE MEE Subject Matter Outline, Common law real-property principles
...e. Patient seeks punitive damages, prejudgment interest, and attorney fees under State M statutes. Discuss which State M and State N rules should apply. Address substance versus procedure, litigation mechanics, expert af...
Citations: Conflict-of-laws principles, Erie doctrine principles
...decided to obtain a quick divorce in State K because State K's filing fees were lower and its docket was faster. Neither spouse had ever lived in State K, owned property there, worked there, or intended to move there. St...
Citations: Williams v. North Carolina, 317 U.S. 287 (1942), Sosna v. Iowa, 419 U.S. 393 (1975), Restatement (Second) of Conflict of Laws sections 71, 74
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