21st Capital v. Bayer and Technology Services
Defendant Bayer U.S. LLC appeals from the summary judgment in favor of plaintiff 21st Capital Corporation. Bayer also appeals from the trial court’s denial of its own motion for summary judgment. The underlying contractual dispute arises from Bayer’s relationship with a non-party to this case, AGR Premier Consulting, Inc. AGR provided Bayer with information technology services for many years. 21st Capital, a factoring company, in turn bought Bayer’s accounts receivable from AGR and then billed Bayer for AGR’s services. Each time 21st Capital presented Bayer with an invoice for AGR’s services, 21st Capital asked a Bayer representative to confirm on 21st Capital’s website the accuracy of the invoice. At the same time, 21st Capital required that the Bayer representative “authenticate” an “Invoice Confirmation Agreement” with a number of provisions, including a waiver of defenses that could be asserted against 21st Capital.
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