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@jbrossart.bsky.social

33 Posts219 Follower 190 Folgt

@jbrossart.bsky.social · 3mo ago

“Because settlement agreements are a type of contract, the formation and enforceability of a purported settlement agreement are governed by state contract law.” Smith v. ABN AMRO Mortg. Group, Inc., 434 Fed. Appx. 454, 460 (6th Cir. 2011) (citing Bamerilease Capital Corp. v. Nearburg, 958 F.2d 150 (6th Cir. 1992)). Where the “primary question” is whether the parties entered into a settlement agreement at all, the district court must apply the choice-of-law rules of the forum state. Bamerilease, 958 F.2d at 152 (citing Lee v. Hunt, 631 F.2d 1171, 1173–74 (5th Cir. 1980)). “Every contract requires mutual assent and consideration,” so an inquiry into consideration is part of the contract-formation analysis. Cuppy v. Gen. Accidental Fire & Life Assurance Corp., 378 S.W.2d 629, 632 (Ky.1964); see also Cantrell Supply v. Liberty Mut. Ins. Co., 94 S.W.3d 381, 384 (Ky. App. 2002).

@jbrossart.bsky.social · 6mo ago

“In 2016, the Justice Department investigated more than 151,000 suspects, but grand juries returned just six ‘no bills,’ per DOJ statistics." -NBC News www.nbcnews.com/politics/tru...

@jbrossart.bsky.social · 10mo ago

A decision from the Sixth Circuit desrves some attention. Once upon a time (on the left); our new world (on the right): #appellatelaw

@jbrossart.bsky.social · 11mo ago

Want to be able to find this:

@jbrossart.bsky.social · last yr.

Am I correct that Trump v. J.G.G. only said that you couldn't have a class “consisting of “All noncitizens in U.S. custody who are subject to” the Proclamation.” You could have a class of “All noncitizens in U.S. custody IN THIS DISTRICT who are subject to” the Proclamation? #immigration #dueprocess

Randall Munroe @xkcd.com · 3y ago

2024 xkcd.com/2875