81 results for 'cat:"Civil Procedure" AND cat:"Fraud"'.
J. Parker finds that the lower court improperly entered a temporary injunction against the appellants in this suit alleging fraudulent transfer. The order did not comply with Rule 683, as it failed "to state the reasons for its issuance and to be specific in its terms." Accordingly, it is a void order. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 23, 2023, Case #: 07-23-00240-CV, Categories: civil Procedure, fraud
J. Hightower grants the companies' and individuals' motion to stay proceedings in a fraud, breach of fiduciary duty and conspiracy class action brought by investors pending resolution of a related criminal case. The investors allege they are victims of a $1.8 billion Ponzi scheme. The indictment against two individuals overlaps significantly with the conduct alleged by the investors. The investors' interest in a speedy resolution to the case is outweighed by the individuals' constitutional interests. The individuals are unlikely to be able to effectively defend the instant civil case without being pressured into waiving their Fifth Amendment rights.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 21, 2023, Case #: 1:19cv1050, NOS: Stockholders’ Suits - Contract, Categories: civil Procedure, fraud, Class Action
J. Doughty grants summary judgment to a Louisiana resident and his wife, dismissing as time-barred allegations by his two brothers that they forged both their mother’s will and power of attorney over her estate, Even if the litigants’ claims were not prescribed, the sued brother and his wife successfully argue that his brothers’ claims of fraud fail on their merits. The court agrees. The sued brother and his wife assert, without opposition, that “both the will and the power of attorney are authentic acts under Louisiana law since they were executed before a notary public and two witnesses.”
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 9, 2023, Case #: 3:21cv4146, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, Evidence, fraud
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J. Summerhays denies a request by the former CEO of a hospice center to dismiss fraud claims by its insurance company, finding the insurer has alleged sufficient facts to support allegations that the top executive defrauded his employer over a four-year period by using his corporate American Express credit card to charge more than $500,000 worth of personal expenditures to and engaged in a variety of fraudulent activities to conceal his wrongdoing.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: August 1, 2023, Case #: 6:22cv690, NOS: Insurance - Contract, Categories: civil Procedure, fraud, Contract
Per curiam, the appellate division finds that the lower court improperly refused to reinstate this fraud action. The court improperly dismissed the case for lack of prosecution without giving the parties prior notice or an opportunity to be heard on the matter. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 12, 2023, Case #: 03767, Categories: civil Procedure, fraud
Per curiam, the appellate division finds that the lower court properly declined to dismiss fraud claims against against former President Trump and the Trump organization because executive orders during the Covid-19 pandemic tolled statutes of limitations during this time. However, Ivanka Trump was no longer a part of the Trump organization by the date the tolling agreement was executed, so all claims against her should have been dismissed as untimely. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 27, 2023, Case #: 03440, Categories: civil Procedure, fraud
J. Fashing denies a motion by an insurance company to bifurcate and stay claims after it was sued by an consumer for alleged underpayment of benefits and other claims following a car accident. The insurance company argued bifurcation and stay was appropriate because it argued a finding for the consumer that the company underpaid benefits should be a required “condition” for bringing a bad faith claim, but the consumer’s extra-contractual claims were not entirely predicated on this alleged underpayment, and because the consumer plans to bring the same evidence and witnesses for multiple claims, bifurcation and stay — rather than simplifying this case — “would waste time and judicial resources and would require duplication of effort.”
Court: USDC New Mexico, Judge: Fashing, Filed On: June 13, 2023, Case #: 1:22cv756, NOS: Insurance - Contract, Categories: civil Procedure, fraud, Insurance
J. Kendall partially grants a web design entrepreneur’s motion for attorney fees from an underlying fraud suit brought against him by his former employer. The entrepreneur prevailed on summary judgment in that case, and now the court finds he is due roughly $17,000 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:20cv5709, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, fraud, Attorney Fees