1,325 results for 'cat:"Fraud"'.
J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 5:23cv5071, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: fraud, Vehicle
J. Higginson finds the district court properly convicted defendant for wire fraud, bank fraud and conspiracy. Defendant committed extensive fraud in connection with student loan applications submitted on behalf of real and fictional students. He concealed his identity as a paid application preparer, also falsely representing student eligibility, qualifications and academic history, and paying people to impersonate students. Though post-trial counsel suggested defendant was delusional, and without the ability to understand the proceedings, the district court conducted a careful evaluation of his lack of history of irrational behavior, his demeanor and behavior at trial, and medical records and opinions regarding his competency. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: April 25, 2024, Case #: 23-30069, Categories: Competence, fraud, Conspiracy
J. Peterson considered multiple claims for relief asserted by a Michigan attorney surrounding his involvement in an immigrant investment program; only one survives. The court finds his claims of fraud and breach of contract lack specificity and are time-barred, respectively, but his complaint of alleged conversion is supported. The court grants him additional time to amend the conversion claim.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 25, 2024, Case #: 23cv511, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Conversion, Contract
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J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 4:23cv4189, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: fraud, Vehicle
Per curiam, the appellate division finds that the lower court improperly granted the company's motion to dismiss fraud claims arising out of a crooked former financial controller's passing of fraudulent checks. The claim is timely under the six-year statute of limitations only to the extent based on checks drown after July 10, 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02257, Categories: Employment, fraud
J. Kasubhai denies a motion for judgment on the pleadings from Rocket Mortgage on the trustee's complaint alleging that the husband fraudulently conveyed his interest in the property to his wife to avoid the trustee's judicial lien on the property after a state court found that the husband had improperly spent trust assets to purchase the home. The trustee plausibly alleges that the husband's conveyance to his wife is void because it was done in bad faith, so Rocket fails to prove that the trustee's judgment lien did not attach to the husband's interest in the property.
Court: USDC Oregon, Judge: Kasubhai, Filed On: April 25, 2024, Case #: 6:23cv164, NOS: All Other Real Property - Real Property, Categories: fraud, Property
J. Wecht finds that the superior court improperly affirmed the trial court’s decision to not award certain damages in this suit wherein a couple alleges they were fraudulently induced to purchase life insurance from a financial company. Treble damages under the Consumer Protection Law are available to the the couple in this case. Reversed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: April 25, 2024, Case #: J-59-2023, Categories: fraud, Insurance, Damages
J. Ho finds the district court improperly certified the class of investors alleging the petroleum corporation fraudulently misrepresented the value of its oil field project. During certification proceedings, the investors presented new evidence in a reply brief involving an after-hours disclosure of a dry well, giving the corporation no fair opportunity to address it. The district court failed to permit the corporation to file a sur-reply responding to the evidence. Vacated.
Court: 5th Circuit, Judge: Ho , Filed On: April 25, 2024, Case #: 23-20424, Categories: Energy, fraud, Securities
J. Robinson finds the lower court erroneously dismissed the borrower's special defenses of unclean hands and breach of the implied covenant of good faith and fair dealing. His allegations regarding the lender's nationwide kickback scheme with an insurer provided sufficient details about his own mortgage and, specifically, the enforcement of the lender's provision that required the borrower to purchase certain insurance. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 25, 2024, Case #: SC20817, Categories: Evidence, fraud, Banking / Lending
J. Seeger partially grants a lending agency’s motion to dismiss claims by a borrower that it disguised its consumer loans as business loans. The borrower brought three claims over this alleged financial deception; one for violations of the Illinois Interest Act, another for Electronic Funds Transfer Act breaches, and the third for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. The court dismisses portions of the borrower’s Illinois Consumer Fraud and Deceptive Business Practices Act claim, but allows the rest of the complaint to move forward.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: April 25, 2024, Case #: 1:23cv15452, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, Business Practices, Banking / Lending
J. Dennis, in this interlocutory discovery appeal, finds the district court properly affirmed the magistrate's ruling the non-party genetic testing services failed to establish privilege. An owner of a testing facility was indicted for fraud and offering kickbacks related to services for Medicare beneficiaries. A protocol order challenged by the non-parties, which required a filter team to review their documents material to the indictee owner's defense, is not the basis for the magistrate's decision. The non-parties are required to sustain assertions of privilege under standards of federal common law. The magistrate correctly found the non-parties’ privilege logs “do not provide a description for the documents...to explain why each should be protected.” Affirmed.
Court: 5th Circuit, Judge: Dennis, Filed On: April 24, 2024, Case #: 22-30316, Categories: Dna, fraud, Discovery
J. Sales finds a lower court improperly dismissed the Secretary of State for the Home Department's order to deport a native of Belarus. The native of Belarus argued that he is entitled to remain in the U.K. in order to shed his limbo status. However, the Home Department sufficiently showed in court that he was convicted for carrying a false identity document, which landed him in prison for 10 months. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: April 24, 2024, Case #: 2024UKSC13, Categories: Civil Rights, fraud, Immigration
J. Snyder grants an airport's motion to dismiss a concession lease agreement dispute with a company that was providing online car parking services and operating airport lounges. The company alleges that after it declined to make a charitable contribution requested by the airport board president, the airport changed its scoring methodology so that the company would lose its bid. The company alleges that the airport then did not pay the full termination payment. The company did not present fraud claims in compliance with the California Government Claims Act but is granted leave to amend.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 24, 2024, Case #: 2:21cv4909, NOS: Other Contract - Contract, Categories: fraud, Contract
J. Choudhury tosses a class action brought by a self-representing litigant claiming several entities orchestrated a scheme to bankrupt and ultimately close an all-girls Catholic high school in Long Island, as well as other schools throughout the country. His claims do not concern federal law or establish diversity jurisdiction. Most notably, the court rules a pro se litigant cannot serve as class representative and class counsel at the same time, as that would unfairly prejudice the class members.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: April 23, 2024, Case #: 2:24cv2636, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, Jurisdiction, Class Action
J. Parker denies the appellants' motions for rehearing and en banc reconsideration, withdraws the court's prior opinion, and substitutes the current memorandum opinion, holding that the lower court properly denied their dismissal motion pursuant the Texas Citizens Participation Act. The court concludes that the claims at issue in this case, involving allegations of fraudulent transfer, are not based on the exercise of the right to petition. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 23, 2024, Case #: 07-23-00271-CV, Categories: Civil Procedure, fraud
J. Gayles grants the commodity futures trading commission default judgment against defendants in claims alleging foreign currency fraud because defendants failed to answer, appear, or respond to the allegations.
Court: USDC Southern District of Florida, Judge: Gayles, Filed On: April 22, 2024, Case #: 1:22cv20291, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, fraud, Trade
Vice Chancellor Glasscock declines to dismiss contract claims stemming from a conversion agreement in which shares held by plaintiffs had been diluted because it was reasonably conceivable that plaintiffs had been promised equal shares would be maintained during the company's conversion into a Delaware entity. However, fraud claims should be dismissed for failure to plead the time and place that the representations had been made, and the fiduciary duty claim constitutes improper bootstrapping from the breach of contract claim.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: April 22, 2024, Case #: 2022-0665-SG, Categories: fraud, Fiduciary Duty, Contract
J. Oxley finds that the lower court properly dismissed fiduciary duty claims that minority shareholders in a family farming corporation brought against their brother and father because they failed to provide evidence indicating the brother acted as an agent for the operation. Even though he was the operations manager, the brother would have been acting in his own interests or as an employee.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: April 19, 2024, Case #: 22-0259, Categories: fraud, Fiduciary Duty
J. Welch finds that the trial court improperly granted the estate executor's motion for involuntary dismissal of the decedent's son's opposition to probate a 2020 notarial testament. It was legal error for the trial court to put the initial burden of proof on the decedent's son instead of the executor, so the case is remanded for a new hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023CA0861, Categories: fraud, Wills / Probate
J. Rakoff finds that the lower court properly denied an exhibit's motion to dismiss class claims that it violated the New York Arts and Cultural Affairs Law by failing to disclose the total cost of tickets, including ancillary fees. The voluntary payment doctrine does not bar this suit because the $8.99 added to the attendee's ticket price on the final purchase screen did not disclose how much of the fees was allocated to taxes versus fees.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 19, 2024, Case #: 1:24cv322, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law
J. Flanagan grants a community college’s motion to dismiss allegations of fraud and Fifth Amendment violations brought by a barber academy. The academy’s owner claims the college pressured him to give up his barbering license after it was suspended because the college could not get a barber school license without owning a barber school, and the owner did own one. Then, someone from the college allegedly sent the college’s board a fraudulent application, falsely claiming that the college owned the barber school on the owner’s property. However, the claims against individuals these for actions, all apparently committed before 2014, are time-barred. Claims against the college and board are dismissed for lack of subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 19, 2024, Case #: 4:23cv80, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, fraud, Jurisdiction