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Contracts Keyed to Dawson
Classic Cheesecake Co. v. JPMorgan Chase Bank
Citation:546 F.3d 839.
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Classic Cheesecake was a bakery that found a number of hotels and casinos in Las Vegas to purchase its products. In order to service its new customers it needed additional capital. Classic Cheesecake applied for a loan that would be partially guaranteed by the Small business Administration (SBA) through JPMorgan. Classic Cheesecake worked with Dowling, a JPMorgan bank vice president, to apply for the loan. Dowling asked for a number of financial documents from Classic Cheesecake and verbally assured Classic Cheesecake the loan would be approved if one of the principal’s delinquent student loans were paid off as required by the SBA. On August 19, 2004, Dowling received an email from a superior declining Classic Cheesecake’s request for the loan for numerous reasons including excessive leverage, lack of established earnings, inadequate cash flow, undercapitalization, insufficient revenues, reliance on projections, and the principal’s history of default (the delinquent student loans). However, Dowling continued to make assurances to Classic Cheesecake and did not advise Classic Cheesecake its loan was turned down until October 12, 2004. At that time, Dowling advised Classic Cheesecake of the concerns mentioned in the August 19 email.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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