Quote:
Originally Posted by OKCMallen
Seattle is not suing based on the good faith parol agreement. Seattle is suing based on the KeyArena lease. Schultz is suing based on the good faith argument. So, you're right, I don't think Seattle could even establish standing based on the good faith/constructive trust suit.
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What I think is even more interesting is that Schultz is trying to raise a claim which doesn't really affect him. He's not injured if the sales contract was breached in that the PBC didn't deal with Seattle in good faith. Seattle isn't even a party to this lawsuit.
I could be crazy, but I don't even see how we even get to the merits of this case without a FRCP 12(b)(6) FTW.