In the Matter of the Arbitration between LawCatch, Inc. and Counsel Stack, Inc.

Why this matter warrants attention

False Quotes: Case Law | Counsel attributed the quote that failure to comply with a contractual notice-and-cure provision “precludes a claim for material breach” to BioVeris, but the tribunal found that BioVeris did not contain that language and did not address conditions precedent or futility. Respondent's counsel relied on four Delaware authorities, but the tribunal found that the cited cases contained inaccurate quotations and descriptions of their holdings. The tribunal specifically identified nonexistent or unsupported quotations from BioVeris, Capano, Salamone, and GMG Capital, including claims that BioVeris and Capano treated notice-and-cure provisions as conditions precedent and that Capano addressed futility. The tribunal characterized the submission as fiction or reliance on fictitious authorities, found that it undermined the required likelihood of success and caused delay and expense, denied leave to file the dispositive motion, and ordered future filings to include compendia with quoted or cited passages highlighted.