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 caseâ€ but that “Unfortunately, in a veritable â€˜kitchen sink’ pleading, the Complaint contains a hodgepodge of claims against Oversee and two of its officersâ€¦â€.
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).”