Domain Name Wire

Judge Dismisses Many of Monte Cahn’s Claims Against Oversee.net

Judge sides with Oversee.net’s Motion to Dismiss.

Oversee.net got a big win today in a lawsuit filed by former employee Monte Cahn.

The judge granted Oversee.net’s Motion to Dismiss (pdf) five claims ranging from Intentional and Negligent Misrepresentation to Unfair Competition.

Oversee.net has argued that the case is merely a breach of contract case. When it filed the motion to dismiss, its lawyers wrote that the case “is nothing more than an alleged breach of contract case” but that “Unfortunately, in a veritable ‘kitchen sink’ pleading, the Complaint contains a hodgepodge of claims against Oversee and two of its officers…”.

The judge seems to agree, at least with how Cahn plead his case. In his decision he wrote “The essence of Plaintiff’s claims at issue is an attempt to plead a breach of contract claim in tort.”

However, the judge dismissed the claims without prejudice, noting that Cahn can “refile his claim
for intentional misrepresentation/fraudulent inducement, that claim must be pled with particularity
pursuant to Rule 9(b).”

© DomainNameWire.com 2011.

Get Certified Parking Stats at DNW Certified Stats.

Related posts:

1. Oversee.net Asks Court to Dismiss Monte Cahn’s Claims
2. Monte Cahn Adds Allegations to Complaint Against Oversee.net
3. Monte Cahn Sues Oversee.net Over $13 Million Incentive Plan [Updated]

Tags: monte cahn, oversee.net, Policy & Law