Ivey v. Eli Global, LLC (Case No. 14-81184, AP No. 16-9005)

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Defendants filed a motion to dismiss adversary proceeding under Rule 12(b)(6).  The Court held that the complaint sufficiently stated a claim for breach of contract; that the plaintiff had successfully pled facts to support the claim that the Debtor was an intended third-party benficiary of a confidentiality agreement; that the plaintiff had plausibly alleged that the corporate defendants acted as the alter ego of an individual defendant; that the complaint properly pled a cause of action for breach of the implied duty to negotiate in good faith; and that the complaint sufficiently stated a claim for fraud in the inducement.  Court dismissed final request for relief, an objection to claim on the sole basis that the debt was procured by misrepresentation, concealment of material facts, unfair and deceptive actions, and failures to act in good faith.

File: 
Date: 
Friday, August 19, 2016
Published: 
No
Index Heading: 
Dismissal
Affirmed: