1,325 results for 'cat:"Fraud"'.
J. Payne grants the game app developer's motion to compel mandatory alternative dispute resolution. The creators of the popular app Candy Crush launched the Candy Crush All Stars 2023 Tournament, which allowed Candy Crush players worldwide to compete for a chance to win $250,000 in prizes and an expense-paid trip to London. A participant accuses the creators of omitting or actively misrepresenting certain information to participants, which caused them to overestimate their chances of success and spend more than they otherwise would have on in-app purchases to boost their competitiveness. The participant agreed multiple times to the developer's terms and conditions, which contain a clause on settling matters out of court.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: April 18, 2024, Case #: 3:23cv314, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, fraud, Consumer Law
Per curiam, the appellate division finds that the lower court improperly consolidated the creditor's 2016 breach of contract action against the borrower with its 2022 fraudulent conveyance action. It is inappropriate to consolidate a lawsuit sounding in contract with one sounding in tort, and the fraudulent conveyance claim will be moot if the creditor fails to win the breach of contract action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02086, Categories: Civil Procedure, fraud, Contract
[Consolidated.] J. Garry finds that the lower court properly held both parties at fault concerning a usurious private loan that had been induced by fraud because evidence indicated the borrower had no intention of paying back the lender and that the lender fashioned a separate consulting agreement that pushed the loan's interest rate into usurious territory. The court did not abuse its discretion in ordering that the $200,000 loan be repaid but at a statutory interest rate of 9%. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 18, 2024, Case #: CV-22-2152, Categories: fraud, Banking / Lending, Contract
Per curiam, the circuit finds that the district court properly dismissed class securities fraud claims brought after a spinoff of Honeywell International filed for Chapter 11 bankruptcy due to legacy asbestos indemnity issues because the class failed to plead scienter with sufficient specificity to establish that the spinoff recklessly assured investors of its financial health while planning for bankruptcy. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-668-cv, Categories: Bankruptcy, fraud, Securities
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[Consolidated.] J. Davis finds the trial court erroneously granted defendant's motion to vacate several of her convictions on wire fraud charges related to embezzlement of grants funds for student scholarships. The evidence presented by the prosecution, including performance reports that showed the disbursement of numerous scholarships not linked to any students, was sufficient to prove all elements of the crimes, including intent. Reversed in part.
Court: 6th Circuit, Judge: Davis, Filed On: April 17, 2024, Case #: 22-5075, Categories: Evidence, fraud
J. Miller finds that the lower court properly denied the insurer's motion to dismiss fraud claims based on its alleged sale of an unlawful workers' compensation insurance program based on a forum-selection clause. The forum selection clause of an illegal insurance policy is not enforceable, and New York companies cannot be forced to litigate in Nebraska to vindicate their rights. Affirmed.
Court: New York Appellate Divisions, Judge: Miller, Filed On: April 17, 2024, Case #: 02032, Categories: fraud, Insurance, Jurisdiction
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, fraud, Class Action
J. Laing finds a lower court properly dismissed a native of Pakistan's motion to remain in the U.K. The native of Pakistan argued that she is entitled to remain in the U.K. However, the home department sufficiently showed in court that she engaged in a "sophisticated and organized series of frauds" over a ten year period, which included money laundering and collecting donations for a bogus "spiritual leadership" group, which helped her amass 54 residential properties. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 16, 2024, Case #: CA-2023-488, Categories: fraud, Government, Immigration
J. Messitte partially denies the marketing company and its owner and director, as well as the financial firm and its owner’s estate suing them, their motions in limine to exclude expert witness testimony in this fraud, conspiracy and defamation suit. The marketing firm’s proposed damages expert should be precluded from testifying regarding mitigation costs, which include legal fees, online reputation cost and childcare cost, but he may testify about lost profits to aid the jury in understanding the financial harm of defamation. The financial firm’s rebuttal expert will be permitted to testify on lost profits and a reduction in seminars held, and the owner’s text messages can be presented because the marketing company failed to identify any evidence to be excluded. The court grants the marketing company director’s motion in limine to forbid any use of or reference to his prior criminal history, as his convictions were 10 years ago and do not concern false statements.
Court: USDC Maryland, Judge: Messitte, Filed On: April 16, 2024, Case #: 8:19cv1312, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Evidence, fraud, Experts
J. Papillion grants a New York resident’s request for an emergency temporary restraining order against a man she met online, barring him from spending a total of $380,000 she transferred into his private cryptocurrency wallet after he fraudulently represented he was using various websites allegedly owned and operated by Coinbase. She has met all four criteria for the order, which is necessary to prevent the transfer of the New Yorker’s allegedly stolen assets into unidentifiable digital wallets.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 16, 2024, Case #: 2:24cv480, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Restraining Order, Conversion
J. Cradle finds the trial court properly awarded judgment in favor of a vehicle dealership for claims of breach of contract, fraud and Connecticut Unfair Trade Practices Act violations brought by a property management company and its managing member and a family member. The managing member and family friend fails to establish a burden of proof for all claims, failed to cite any case law or make an argument for an amendment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 15, 2024, Case #: AC45867, Categories: Civil Procedure, fraud, Contract
J. Nye denies investors' motions to modify the scheduling order, for leave to amend, to reopen discovery and for reconsideration in a landfill acquisition project investment dispute. The investors' "newly discovered evidence could have easily been discovered at any point prior to or during this litigation." They do not cite unforeseen circumstances that prevented them from seeking the records earlier. The investors do not address their "untimely delay in requesting the records and petitioning this Court for modification, amendment, and reconsideration."
Court: USDC Idaho, Judge: Nye, Filed On: April 15, 2024, Case #: 1:20cv544, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, Discovery
J. Snyder denies a company's motion to dismiss a business founder's allegations that after acquiring his business, the company violated the put agreement by failing to pay his retention bonus or fund the purchase of his remaining shares. Diversity jurisdiction has been established. The founder has sufficiently alleged his promissory fraud claim. The put agreement does not waive the founder's right to a jury trial. A stay is not warranted, as the arbitration proceedings are limited to employment agreement disputes, while this matter is regarding a put agreement dispute.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv9055, NOS: Other Contract - Contract, Categories: fraud, Jurisdiction, Contract
J. Devers dismisses a motorcycle dealer as a party to this suit and affirms the other parties’ claim that the dealer was fraudulently added. A couple bought a motorcycle elsewhere and noticed it was leaking oil, then took it to the dealer for repair. After a successful repair, the couple crashed when part of the braking system failed, killing the wife and causing serious injury to the husband. The other parties argue the husband and his wife’s executrix added the dealer to foil diversity jurisdiction because they could not claim negligence against the dealer. They then tried to remand the suit, but as they are found to have fraudulently added the dealer, and because diversity jurisdiction still exists, the dealer is dismissed and the motion to remand is denied.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 15, 2024, Case #: 5:23cv591, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: fraud, Product Liability, Jurisdiction
[Consolidated.] J. Bright finds the trial court properly dismissed a renewable energy developer’s declaratory and injunctive relief for a lack of standing to assert claims against a competing energy developer and its subsidiary for a construction project. The renewable energy developer alleges the competing energy developer’s bid certification was false but fails to show the fraud, corruption or favoritism that allegedly undermines the bidding process. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC54620, Categories: Construction, Energy, fraud
J. Immergut denies summary judgment to the owner, the ranch and the livestock company for their counterclaim alleging that the cattle company sold 9,900 cattle as part of a partnership, but wrongfully withheld the sales proceeds. There is a genuine dispute as to whether the cattle company improperly kept the cattle sale proceeds from the sale of the partnership cattle.
Court: USDC Oregon, Judge: Immergut, Filed On: April 15, 2024, Case #: 3:22cv768, NOS: Other Contract - Contract, Categories: fraud, Partnerships, Contract
J. Swiney finds the lower court improperly dismissed this matter concerning damages on grounds that it lacked subject matter jurisdiction. Shareholders of a boating company sued a dealership for intentional misrepresentation, fraudulent concealment and promissory fraud, and a jury awarded them $900,000 in damages. The dealership argues the shareholders lack standing as they are not the owners of the real property, rather the boating company is. The instant court finds that the issues of subject matter jurisdiction and standing were not raised by the dealership until a hearing for post-trial motions, therefore they are waived. Reversed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 12, 2024, Case #: E2023-00324-COA-R3-CV, Categories: fraud, Damages, Jurisdiction
J. Griggsby grants, in part, a bakery company’s motion to dismiss a fraud lawsuit brought a class of consumers alleging violations of the Food, Drug and Cosmetic Act and the Maryland Consumer Protection Act. The class alleges that the “All Butter” cake has artificial butter and not real butter, as the label suggests. The bakery argues that reasonable consumers would need additional information to determine whether “All Butter” referred to the ingredients or the flavor, and could find this information on the ingredients list. The remaining state law claims are preempted by FDCA and the consumer failed to state a plausible express warranty or consumer protection claim in the complaint.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 12, 2024, Case #: 1:23cv522, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, Class Action
J. O'Connell denies the contractor's motion for judgment on the pleadings. Contracted to furnish and deliver food in Afghanistan, the contractor was paid with some flexibility in its unit pricing. The contractor later disclosed a former employee had engaged in bid rigging, which resulted in higher prices. Though the contractor says the government's bringing of another supplier into the contract results in its having no right to recover funds, this did not give the contractor a right to charge more because of its corrupt employee. The contractor had a duty to comply with the law and the contract.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell , Filed On: April 12, 2024, Case #: 60309, Categories: fraud, Government, Contract
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Jurisdiction, Contract
J. Allen sets aside the Board of Veterans Appeals decision denying the service-voided veteran's request for benefits. The veteran's service was voided after his enlistment on grounds he lied about his criminal record. Though voided service is generally equivalent to a dishonorable discharge, the board potentially applied the incorrect legal framework with unclear analysis. The board must clarify whether regulation involving dishonorable discharge or voided service specifically applies.
Court: Court Of Appeals For Veterans Claims, Judge: Allen , Filed On: April 11, 2024, Case #: 21-6977, Categories: fraud, Veterans, Military
J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: Evidence, Family Law, fraud