Accrued Financial Services, Inc. v. Prime Retail, Inc.
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge WILLIAMS joined.
Judge MICHAEL wrote a dissenting opinion.
OPINION
NIEMEYER, Circuit Judge.
The district court declined to enforce, as void against public policy, contracts and related assignments between Accrued Financial Services, Inc. (“AFS”) and its clients, who were tenants in outlet shopping malls. The contracts provided that AFS would conduct audits of the tenants’ leases with their landlords and retain 40-50% of any discrepancy that AFS would discover and collect for the tenant. As part of the…
2Cases cited7 opinions
- American Motorists Insurance v. ARTRA Group, Inc.Court of Appeals of Maryland · 1995
- Hernandez v. Suburban Hospital Ass'nCourt of Appeals of Maryland · 1990
- Schaferman v. O'BrienCourt of Appeals of Maryland · 1868
- Son v. Margolius, Mallios, Davis, Rider & TomarCourt of Appeals of Maryland · 1998
- Summers v. FreishtatCourt of Appeals of Maryland · 1975
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3Cited by19 opinions
- Design Basics, LLC v. Lexington Homes, Inc.Court of Appeals for the Seventh Circuit · 2017
- Doly v. Chang (In Re Joy Recovery Technology Corp.)United States Bankruptcy Court, N.D. Illinois · 2002
- Just in Case Business Lighthouse, LLC v. MurrayColorado Court of Appeals · 2013
- Accrued Financial Services, Incorporated, for Itself and as Assignee of Claims v. Prime Retail, Incorporated Prime Retail, L.P. Prime Retail Finance, Incorporated Prime Retail Finance Ii, Incorporated Prime Retail Finance V, Incorporated Arizona Factory Shops Partnership Bend Factory Outlets Limited Partnership Buckeye Factory Shops Limited Partnership Carolina Factory Shops Limited Partnership Castle Rock Factory Shops Partnership Coral Isle Factory Stores Limited Partnership Florida Keys Factory Shops Limited Partnership Gainesville Factory Shops Limited Partnership Grove City Factory Shops Partnership Gulf Coast Factory Shops Limited Partnership Gulfport Factory Shops Limited Partnership Hagerstown Factory Shops Limited Partnership Huntley Factory Shops Limited Partnership Indianapolis Factory Shops Limited Partnership Kansas City Factory Outlets Limited Partnership Latham Factory Stores Limited Partnership Outlet Village of Lebanon Limited Partnership Loveland Factory Shops Limited Partnership Magnolia Bluff Factory Shops Limited Partnership Market Street Limited Nebraska Crossing Factory Shops Limited Partnership Niagara International Factory Outlets Limited Partnership Oak Creek Factory Outlets Limited Partnership Ohio Factory Shops Partnership Outlet Village of Kittery Limited Partnership Oxnard Factory Outlet Partners Factory Outlets at Post Falls Limited Partnership San Marcos Factory Stores Limited Shasta Outlet Center Limited Partnership Triangle Factory Stores Limited Partnership Horizon Group, Incorporated, A/K/A Prime Retail, Incorporated Horizon Group Properties, Incorporated Horizon Group Properties, L.P. First Hgi, Incorporated Second Hgi, Incorporated Third Hgi, L.L.C. Hgi Perryville, Incorporated, A/K/A Prime Outlets at Perryville Limited Partnership Horizon/glen Outlet Centers Limited Partnership, A/K/A Prime Retail, L.P. First Horizon Group Limited Partnership Second Horizon Group Limited Partnership Third Horizon Group Limited Partnership H/g Perryville Limited Partnership, A/K/A Prime Outlets at Perryville Limited Partnership Finger Lakes Outlet Center, L.L.C. Horizon/glen Group, Incorporated, A/K/A Prime Retail, Incorporated, Accrued Financial Services, Incorporated, for Itself and as Assignee of Claims v. Prime Retail, Incorporated Prime Retail, L.P. Prime Retail Finance, Incorporated Prime Retail Finance Ii, Incorporated Prime Retail Finance V, Incorporated Arizona Factory Shops Partnership Bend Factory Outlets Limited Partnership Buckeye Factory Shops Limited Partnership Carolina Factory Shops Limited Partnership Castle Rock Factory Shops Partnership Coral Isle Factory Stores Limited Partnership Florida Keys Factory Shops Limited Partnership Gainesville Factory Shops Limited Partnership Grove City Factory Shops Partnership Gulf Coast Factory Shops Limited Partnership Gulfport Factory Shops Limited Partnership Hagerstown Factory Shops Limited Partnership Huntley Factory Shops Limited Partnership Indianapolis Factory Shops Limited Partnership Kansas City Factory Outlets Limited Partnership Latham Factory Stores Limited Partnership Outlet Village of Lebanon Limited Partnership Loveland Factory Shops Limited Partnership Magnolia Bluff Factory Shops Limited Partnership Market Street Limited Nebraska Crossing Factory Shops Limited Partnership Niagara International Factory Outlets Limited Partnership Oak Creek Factory Outlets Limited Partnership Ohio Factory Shops Partnership Outlet Village of Kittery Limited Partnership Oxnard Factory Outlet Partners Factory Outlets at Post Falls Limited Partnership San Marcos Factory Stores Limited Shasta Outlet Center Limited Partnership Triangle Factory Stores Limited Partnership Horizon Group, Incorporated, A/K/A Prime Retail, Incorporated Horizon Group Properties, Incorporated Horizon Group Properties, L.P. First Hgi, Incorporated Second Hgi, Incorporated Third Hgi, L.L.C. Hgi Perryville, Incorporated, A/K/A Prime Outlets at Perryville Limited Partnership Horizon/glen Outlet Centers Limited Partnership, A/K/A Prime Retail, L.P. First Horizon Group Limited Partnership Second Horizon Group Limited Partnership Third Horizon Group Limited Partnership H/g Perryville Limited Partnership, A/K/A Prime Outlets at Perryville Limited Partnership Finger Lakes Outlet Center, L.L.C. Horizon/glen Group, Incorporated, A/K/A Prime Retail, IncorporatedCourt of Appeals for the First Circuit · 2002
- Andrews & Lawrence Professional Services, LLC v. Alexa BertinelliCourt of Appeals for the Fourth Circuit · 2023
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