X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER In the present action, plaintiff Global Merchant Cash Inc. (“GMC”) brings suit against defendants Rome-Aire Services, Inc.; Don Green Electric LLC; Emerald Management Group LLC; Emerald Law, PLLC; and Kiel Joseph Green. Initial Pleadings at 2, ECF No. 2-1 (“Complaint”). GMC’s claims are premised on defendants’ alleged breach of a contract (the “Agreement”) between the parties, see Merchant Agreement, ECF No. 27-2 (“Agreement”), in which GMC purported to purchase a portion of defendants’ receivables in exchange for immediate delivery of a specified purchase price, Complaint 6. Defendants asserted three counterclaims against GMC for (1) declaratory judgment, (2) breach of contract, and (3) civil RICO. Amended Answer

105-85, ECF No. 22 (“Answer”). Before me now is GMC’s fully briefed motion to dismiss defendants’ counterclaims.1 For the reasons set forth below, I grant GMC’s motion to dismiss. I. Parties Plaintiff GMC is a company engaged in the “merchant cash advance” (“MCA”) industry. Answer 50. “MCA agreements are financial products, often marketed to small businesses through high-pressure sales operations…, that purport to purchase at a discount a portion of a business’s future receivables.” Haymount Urgent Care PC v. GoFund Advance, LLC, 609 F. Supp. 3d 237, 241 (S.D.N.Y. 2022). GMC is owned and operated by Jay Keller, who is “responsible for the day-to-day operations” of GMC and has “final say on all [of its] business decisions.” Answer

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
November 06, 2024 - November 07, 2024
Orlando, FL

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.


Learn More
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More

Insurance defense firm located downtown Manhattan seeks an attorney with 3+ years experience to join our firm. We are a medium size insuran...


Apply Now ›

Description: Fox Rothschild LLP has an opening in the Seattle office for an associate in the Taxation & Wealth Planning Department. The ...


Apply Now ›

Description: Fox Rothschild LLP has an opening in the San Francisco, CA office for an associate in our Labor & Employment Department. Th...


Apply Now ›