Friday, January 25, 2013

Eleventh Circuit -- Mark F. Bailey, et al. v. ERG Enterprises, LP, et al.

Mortgage note venue selection only binds obligors on the note.

Bank fraud claims too distant from the transaction to be governed by forum selection terms. No equitable estoppel as the bank's involvement was ex ante and at most a but/for cause of the transaction.  Insufficient concert for the estoppel claim.



Mark F. Bailey, et al. v. ERG Enterprises, LP, et al.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.