Unformatted text preview: enter into extortionate agreements with their tenants. Meadowbrook sought summary judgment, which the circuit court granted. From this summary judgment, Berardi now appeals. Issue Did Berardi fail to prove economic duress? Decision Yes. Reason Summary judgment is not a remedy to be exercised at the circuit court's option. It must be granted when there is no genuine disputed issue of a material fact. Because an element of economic duress is present when many contracts are formed or releases given, the ability of a party to disown his obligations under a contract or release on that basis is reserved for extreme and extraordinary cases. Otherwise, the stronger party to a contract or release would routinely be at risk of having its rights under the contract or release challenged long after the instrument became effective....
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- Spring '11
- Supreme Court of the United States, 1907, April 22, Meadowbrook