Friday, March 20, 2009

Analysis of The Disputed Agreement


Unlike Lemerond (Running Man), Psenicska (Driver's Ed), Streit, Martin and the other Dinner Party plaintiffs had all signed a release, a version of which is posted at left.


On writ proceeding, the Alabama court required the Dinner Party plaintiffs to litigate in New York pursuant to the agreement's forum selection clause.

Both the Driver's Ed and the Dinner Party plaintiffs have appealed the New York Federal District Court's dismissal on the pleadings, arguing that the release was a) ambiguous and b) procured by fraud.

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