1,325 results for 'cat:"Fraud"'.
J. Price denies the request for spinal clinic's quantification of damages and fees awarded by default against the lymphedema treatment facility. Based mostly on breach of contract and deceptive trade practices claims, the spinal clinic's filings are described as "heavy on exhibits and light on analysis," and are insufficient to carry the clinic's burden of showing damages.
Court: USDC Middle District of Florida, Judge: Price , Filed On: May 17, 2024, Case #: 6:17cv2206, NOS: Other Contract - Contract, Categories: fraud, Trade, Contract
J. Crone grants the motions to dismiss in a suit alleging the accused parties engaged in fraud during their participation in a criminal investigation by the DEA concerning "illegal drug distribution and money laundering" by a family who used their businesses to distribute the drug butanediol, which can be used as a substitute for the date rape drug gamma-hydroxybutyric acid. The case is dismissed due to lack of subject matter jurisdiction and for failure to state a plausible claim for relief.
Court: USDC Eastern District of Texas , Judge: Crone, Filed On: May 16, 2024, Case #: 1:23cv343, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, fraud
J. Stafford dismisses a homeowner’s appeal stemming intentional misrepresentation, negligent misrepresentation, fraud and Truth in Lending Act claims brought against the mortgage service that refinanced her mortgage. She fails to comply with requirements of the appellate procedure rules. Therefore, this case is remanded to the trial court for further proceedings. Reversed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: May 16, 2024, Case #: M2023-00696-COA-R3-CV, Categories: Civil Procedure, fraud, Banking / Lending
Per curiam, the appellate division finds that the lower court properly excluded the defendant tour company's expert disclosure because it was not accompanied by a written report containing the alleged false online reviews considered by the expert informing the opinion. The omission of this information prejudiced the plaintiff taxi tour companies' ability to respond to the expert's opinion. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02760, Categories: fraud, Experts, Discovery
J. Lin grants the consumer's motion to consolidate her class action, which alleges that the company did not disclose the presence of lead in its popular Stanley tumbler products. The company's motion to stay or dismiss this complaint is not more appropriate than consolidating it, because the three discussed matters regard nationwide classes of Stanley tumbler purchases for personal use, and there is substantial overlap in the claims such as how many of them are under Washington common law or statutes and allege that the company engaged in substantially similar behavior.
Court: USDC Western District of Washington, Judge: Lin, Filed On: May 16, 2024, Case #: 2:24cv635, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Class Action
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J. Robertson denies a bank’s motion to compel the depositions of individuals who were, but no longer are, plaintiffs in lawsuits against a fraudulent internet phone service company. The bank fails to show that its requested subpoenas of putative absent class members are narrowly tailored to subjects that are clearly relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 15, 2024, Case #: 4:14md2566, NOS: Other Contract - Contract, Categories: fraud, Discovery, Class Action
J. Belsome finds that the trial court properly found for a marina owner on his fraud and Unfair Trade Practices Act claims against the credit card processor after the processor could not wirelessly integrate all of the marina's sales with its inventory and accounting system. The marina owner was properly awarded treble damages because the processor took steps to hide the identity of the contracting party, arranged to have his credit card devices placed on the gas pumps without a request or authorization by the marina owner, and misrepresented the credit card system he could deliver. Further, the processor refused to refund the marina owner's money, did not contact the marina owner, and engaged in months of evading service of process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: May 15, 2024, Case #: 2023-CA-0660, Categories: fraud, Business Practices, Contract
J. Bokor finds the trial court improperly granted summary judgment to the lessee in a dispute with a neighboring property owner over a public-private agreement they entered with the city to redevelop a waterfront area in Miami, and a previous opinion in this case is withdrawn and replaced. Because genuine issues of fact exist as to whether the lessee was entitled to make improvements to a public roadway on the owner's property and whether the lessee made false representations to get the owner to sign one of the relevant contracts, summary judgment should not have been granted, particularly as pertains to the owner's fraud claims. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 21-0806, Categories: fraud, Property, Contract
J. Cogburn denies two industrial heat transfer systems vendors’ motions to exclude expert testimonies in this second suit over trade secrets and patent law. The first vendor previously sued the second and both came to a settlement agreement, which the first now accuses the second of violating. Presently, although each party essentially argues that the other’s witness presents insufficient or misleading evidence, this is not true and both witnesses will be allowed to proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:21cv302, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Experts, Racketeering
J. Reichek finds that the lower court properly entered a take-nothing judgment on the appellant's claims, which included claims for breach of contract and fraud. Contrary to the appellant's argument on appeal, the lower court did not err in granting summary judgment. The record shows that the appellees' no-evidence motion was not conclusory. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 14, 2024, Case #: 05-23-00208-CV, Categories: Civil Procedure, fraud, Contract
J. Furman partially denies the sellers' motion to dismiss all the company's counterclaims alleging that they fraudulently overstated their media service's growth projections and profit margins to induce the company to acquire their service. The company has adequately alleged scienter, claiming that the individual executives knowingly presented inflated financial information to an auditor with the expectation that an acquirer would rely on these representations.
Court: USDC Southern District of New York, Judge: Furman, Filed On: May 14, 2024, Case #: 1:23cv6339, NOS: Other Contract - Contract, Categories: Corporations, fraud
J. King finds in favor of the insurance company on the fraud claim in the insured's complaint alleging that the insurance company must provide more coverage for an accident caused by an underinsured motorist. The insureds' claims for bad faith, negligence, fraud, Insurance Fair Conduct Act and Consumer Protection Act are all time-barred.
Court: USDC Western District of Washington, Judge: King, Filed On: May 13, 2024, Case #: 2:23cv873, NOS: Insurance - Contract, Categories: fraud, Insurance, Negligence
J. Cole grants the class's motion for attorney fees, ruling the $3.5 million requested by the class counsel is reasonable, considering the millions of pages of discovery conducted by the attorneys, as well as testing performed on Macy's bedsheets and responses to motions to dismiss and for summary judgment.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 13, 2024, Case #: 1:17cv754, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Attorney Fees, Class Action
J. Shah partially grants Walmart’s motion to dismiss a consumer fraud class action. The consumers say Walmart deceptively labeled its seafood products as “sustainably sourced,” when in reality its source fisheries both overfish and use unsustainable practices such as bottom trawling. Citing lack of standing, the court dismisses the class representative’s claims against seafood products she did not personally buy, and also denies her request for injunctive relief. The court also dismisses her claim under the Uniform Deceptive Trade Practices Act, but allows her Illinois consumer fraud, consumer protection and unjust enrichment claims to survive.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 13, 2024, Case #: 1:23cv1297, NOS: Contract Product Liability - Contract, Categories: Environment, fraud, Consumer Law
J. Elgo finds the trial court properly granted the husband's motion for summary judgment on fraud and unjust enrichment claims. The wife's admission she knew her two children were not the husband's biological children was sufficient to prove the transfer of more than $187 million from the husband was coerced under false pretenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: May 10, 2024, Case #: AC45745, Categories: Evidence, Family Law, fraud
J. Davis finds that the trial court properly ruled in fraudulent inducement claims the decedent's estate brought against his stepson because evidence indicates the stepson employed undue influence to access funds from a checking account. Affirmed.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: May 10, 2024, Case #: E2023-00722-COA-R3-CV, Categories: fraud
J. Simmons grants PharmaCare Laboratories' motion to dismiss the consumers' false representation claims concerning its black elderberry products. PharmaCare Laboratories is an Australian company with its principal place of business in Austria. Its has provided evidence that the other defendant in the case, PharmaCare U.S., is responsible for manufacturing and selling the black elderberry products in California. Therefore, the court lacks jurisdiction over PharmaCare Laboratories.
Court: USDC Southern District of California, Judge: Simmons, Filed On: May 10, 2024, Case #: 3:23cv1318, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, Jurisdiction
J. Brennan denies, in part, the Canadian citizens' motion to dismiss, ruling that while they do not reside in Ohio, the real estate they own in the state gives this court jurisdiction over claims regarding the title of those properties under the Ohio long-arm statute. However, because tax issues in New Jersey and New York are entirely unrelated to any properties or business conducted in the state of Ohio, this court lacks jurisdiction over those claims, which will be dismissed.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Real Estate, Jurisdiction
J. Urias grants the car dealership's motion to compel arbitration, ruling the agreement signed by the buyer is a valid contract, while the delegation provision to allow the arbitrator to determine recovery of attorney fees is not unconscionable and the burden of arbitration is not "so onerous" as to render the agreement unenforceable.
Court: USDC New Mexico, Judge: Urias, Filed On: May 9, 2024, Case #: 1:23cv1057, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, fraud, Contract
J. Kobes finds a lower court properly granted summary judgment in favor of a Canadian investment management firm on claims of fraudulent inducement brought by grocery store owner-operators. The owner- operators argued that the investment management firm strong armed them into signing releases based on false representation. However, the investment management firm presented sufficient evidence in court that it never solicited or forced the owner- operators to sign releases, even though they knew the risks of opening new stores, and that they did not use ordinary diligence by failing to investigate the company's history. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: May 8, 2024, Case #: 23-1786, Categories: fraud, Contract, Racketeering
J. Powers finds the trial court properly ruled that a nontransferee attorney may not be held jointly liable for the alleged fraudulent transfer of his client. The attorney is “neither the debtor nor transferee.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: May 8, 2024, Case #: A176528, Categories: fraud
J. Pallmeyer grants the defendant bank’s motion to dismiss a currency exchange’s claim that it is liable for $840 in check fraud. A customer of the currency exchange got $840 in cash for a check that they had already remotely deposited in their Citibank account, and the currency exchange says it is Citibank’s legal duty to reimburse it. The court disagrees, finding the currency exchange has failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 8, 2024, Case #: 1:23cv5033, NOS: Banks and Banking - Other Suits, Categories: fraud, Banking / Lending, Technology
J. Tunheim denies the subcontractor's motion for a preliminary injunction in its action seeking relief from participating in arbitration in a dispute related to two purported contracts. The subcontractor's contention that its president's signature was forged on one of the contracts is "too flimsy" to establish a likelihood of success on the merits of its claims, and metadata suggesting that, as it claims, a document in the second contract was improperly backdated is better supported but still insufficient to establish a likelihood of success on the merits. The subcontractor has also failed to establish that it risks irreparable harm absent an injunction, and the balance-of-harms and public-interest factors are both neutral.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:24cv585, NOS: Other Contract - Contract, Categories: fraud, Contract, Injunction
J. Bokor finds the trial court partially erred in its judgments in the doctor's lawsuit against the university claiming fraud in the inducement and breach of contract relating to the doctor's arrangements to work for the university's hospital after the hospital was temporarily closed and reorganized. The trial court correctly granted a directed verdict in the the university's favor on the doctor's fraud claim, but since the doctor failed to bring evidence of a valid and enforceable contact in the university's bylaws and rules, the university should have prevailed on his breach of contract claim as well. The trial court's ruling on the breach of contract claim is reversed, and the case is remanded for it to grant the university a directed verdict on that claim. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 8, 2024, Case #: 22-1898, Categories: fraud, Contract