Daiwa Special Asset Corp. v. Desnick

1 Analyses of this case by attorneys

  1. “Mend the Hold”: A Nineteenth-Century Wrestling Doctrine Keeps its Grip on Coverage Litigation in the WWE Era

    Carlton Fields Jorden BurtAugust 22, 2014

    Justice Swayne summarized the court’s decision this way: “He [i.e., the defendant] is not permitted thus to mend his hold.” He was using a wrestling term that means “to get a better grip (hold) on your opponent.” U.S. Fidelity & Guar. Co. v. Treadwell Corp., 58 F. Supp. 2d 77, 113 n.15 (S.D.N.Y. 1999).Mend the Hold Today Although some courts have expressed doubts about the continued viability of mend the hold (see, e.g., Daiwa Special Asset Corp. v. Desnick, 2002 WL 1997922 (S.D.N.Y. Aug. 29, 2002) (“[t]he last reported New York case … was a 1970 case of a high school wrestler that had precious little to do with contracts”)), it continues to stand as binding precedent in more than a dozen states, including New Jersey, Texas and Washington. In most of these states, the doctrine prohibits a defendant in a lawsuit from defending its conduct on a ground that differs from the explanation (or explanations) it gave before litigation began.