Comments on: An Example of Bear Sterns’s Conduct?

By: Frank

Frank — Wed, 19 Mar 2008 17:29:09 +0000

So Kip, how about that article on the NJ Homeowners’ protection act? Or are you just too eager to absolve Bear to actually bother to consider a measured analysis of a potential solutions to problems like these? Also, what do you think of the judge’s views on the “outrage” claim, which survived this stage of the lawsuit?

By: KipEsquire

KipEsquire — Wed, 19 Mar 2008 17:21:29 +0000

You left out the part about how BSC won the MSJ:

Though plaintiffs alleged that all the defendants were each other’s agents, they failed to allege that Esparza or Fastlink had the power to alter legal relations between Bear Sterns and plaintiffs, or that Bear Sterns could control Esparza or Fastlink’s conduct. Likewise, plaintiffs didn’t allege with particularity the formation of any agreement between the defendants to misrepresent the loan, as would be required for a civil conspiracy.

First rule of law school: never rely on just the headnotes.

By: Jack S.

Jack S. — Wed, 19 Mar 2008 13:50:53 +0000

Perhaps out of this we’ll have some new cases in the next edition of contracts casebooks to rehash the unconscionability doctrine.