Ankur Kapoor, David Alan Scupp, Matthew L. Cantor, Constantine Cannon, LLP, James Hartmann Smith, John Christopher Briody, McKool Smith, New York, NY, Brian Marc Feldman, Edwin Michael Larkin, III, Jeffrey A. Wadsworth, Harter, Secrest & Emery, LLP, Rochester, NY, Bryan Lee Clobes, Nyran Rose Rasche, Cafferty Faucher LLP, Ellen Meriwether, Miller Faucher & Cafferty, LLP, Philadelphia, PA, Lewis Titus LeClair, McKool Smith, P.C., Dallas, TX, Andrew Arthur Schmidt, Andrew Schmidt Law PLLC, Portland, ME, for Plaintiff.
Peter M. Skinner, Alanna Cyreeta Rutherford, Joanna Christine Wright, Boies, Schiller & Flexner LLP, Reed Michael Brodsky, Gibson, Dunn & Crutcher, LLP, New York, NY, Karen L. Dunn, Ryan Young Park, William A. Isaacson, Boies, Schiller & Flexner LLP, Washington, DC, Theodore J. Boutrous, Jr., Daniel G. Swanson, Gibson, Dunn & Crutcher, LLP, Los Angeles, CA, Joshua S. Lipshutz, Gibson, Dunn & Crutcher, LLP, San Francisco, CA, for Defendants.
OPINION AND ORDER
JED S. RAKOFF, U.S.D.J.
The American law of contracts in its common law origins presumed a promissory agreement freely negotiated between parties who reached a "meeting of the minds."1 That the agreement eventually became enforceable in a court of law (through the common law action known as...
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