317 results for 'cat:"Fraud" AND cat:"Contract"'.
J. Ludwig grants summary judgment to the financial correspondent, the investment firm and the firm's founder the investors claim were involved with their transactions with a wealth management group that turned out to be a Ponzi scheme, which caused the investors to lose hundreds of thousands of dollars. The investors have failed to bring specific evidence of specific wrongdoing by the the correspondent, firm and founder, instead mostly reiterating the wrongdoing of the group and its chief, who is now in prison. The investors' claims of intentional misrepresentation, negligent misrepresentation, and claims of violations of Wisconsin statutes involving the sale of unregistered securities, fraud and unlicensed brokers fail, and the correspondent, firm and founder are dismissed. The investors have 14 days to make a case for why the firm's employee should not also be granted summary judgment.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: February 7, 2024, Case #: 2:18cv2005, NOS: Other Contract - Contract, Categories: fraud, Securities, contract
J. Baker partially grants the gun seller's motion for default judgment in a fraud, negligent misrepresentation and breach of contract action against the gun manufacturer arising from a failed agreement between the parties to design and manufacture a new nine millimeter pistol caliber carbine. The seller plausibly alleged that the manufacturer violated the terms of the agreement and that the manufacturer misrepresented its ability to design and produce the parts. The motion is granted as to liability on all counts but a ruling on damages is reserved until after a hearing in March.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 7, 2024, Case #: 4:21cv334, NOS: Other Contract - Contract, Categories: fraud, contract
J. Ortego finds that the trial court improperly denied the creditor's motion to confirm default judgment after it sought to rescind a contract relating to the credit sale of property. The trial court lacked the power to dismiss the creditor's action "on its own motion." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-464, Categories: fraud, Property, contract
J. Rice grants the plasma machine seller's partial motion to dismiss, ruling that although the machine did not work as intended, the buyer's fraud claim fails because no specific representations were made by the seller about types of cuts, nor did the seller know the machine would not perform to specifications. Additionally, the existence of a valid contract between the parties precludes an unjust enrichment claim, which will also be dismissed.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: February 5, 2024, Case #: 3:22cv333, NOS: Other Contract - Contract, Categories: fraud, contract
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J. Hunt partially grants the defendant daycare operator’s motion for summary judgment on multiple contract breach, fraud and misrepresentation claims brought by an Iranian investor. The investor hoped to use his investments into the defendants’ prospective childcare franchises to become a permanent U.S. resident, and sued for multiple counts after the franchises fell apart. The court denies the operator’s motion for summary judgment on the investor’s breach of contract and and partially denies the motion as to his fraudulent misrepresentation claims, but grants the motion as to the investor’s negligent misrepresentation claims, his Franchise Disclosure Act claims, and his requests for declaratory judgment and injunctive relief.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 29, 2024, Case #: 1:19cv3402, NOS: Franchise - Contract, Categories: fraud, Business Practices, contract
J. Failla dismisses RICO claims against the defendant metal importers but sustains the breach of contract claims in a lawsuit alleging a group of importers schemed to obtain aluminum steel from the manufacturer without paying for it. The fraud claim is duplicative of the breach of contract claim because the alleged misprepresentations were not extraneous to the contract, but at the heart of the manufacturer's belief the contract would be paid in full by a third party.
Court: USDC Southern District of New York, Judge: Failla, Filed On: January 26, 2024, Case #: 1:22cv1928, NOS: Other Contract - Contract, Categories: fraud, contract, Racketeering
J. Gruender finds a lower court properly dismissed a freight service's challenge to a post- trial order concerning contract claims brought by a components manufacturer. The freight service argued that it properly charged the components manufacturer a fee for delivery services. However, the components manufacturer sufficiently showed in court that the freight service's base rate was a "much higher 'rounder' rate." Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 25, 2024, Case #: 23-1379, Categories: fraud, Damages, contract
J. Grosjean recommends granting default judgment and awarding $515,000 to a finance company on its fraud and contract action against an individual. The individual failed to respond to the motion or make an appearance, and the company sufficiently alleges its claims.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 19, 2024, Case #: 1:23cv117 , NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Banking / Lending, contract
J. Gordon denies the signature canvassers' motion to dismiss the fraud claims. The public education advocacy group says it was defrauded out of more than $2.2 million in a failed signature gathering effort supporting a ballot initiative. The assignee of the advocacy group says the canvassers did not obtain valid signatures at the claimed rate. The canvassers' contacts with the forum were not random, fortuitous, attenuated, or based solely on the advocacy group's location. The claims are assignable, arising out of the canvassers' forum-related activities, and exercise of jurisdiction is reasonable.
Court: USDC Nevada, Judge: Gordon , Filed On: January 17, 2024, Case #: 2:23cv69, NOS: Other Contract - Contract, Categories: fraud, Jurisdiction, contract
Vice Chancellor Zurn denies the former officers' summary judgment motion seeking advancement of litigation fees and expenses in a federal action asserting fraud and contract claims. As a gating issue, an arbitration provision in the company's operating agreement is inapplicable, and because the operating agreement was amended and then supplanted by a new agreement, the former officers' advancement rights may have been repealed.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: January 17, 2024, Case #: 2023-0813-MTZ, Categories: fraud, Interference With contract, Attorney Fees
J. Whitney partially grants a shoe manufacturer’s motion to dismiss allegations of breach of contract, bad faith and fraud brought by a competitor. This ruling takes into consideration prior litigation, specifically a protective order, which the manufacturer now accuses the competitor of breaching. However, neither this claim, nor the bad faith and fraud allegations, are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 16, 2024, Case #: 3:23cv167, NOS: Other Contract - Contract, Categories: fraud, Business Practices, contract
J. Hendon finds the business owner's motion for a petition of certiorari in her dispute with the former vice president and general counsel of one of her businesses including fraud, misrepresentation and breach of contract claims must be granted. The portion of the trial court's partial final judgment calling for the immediate execution of an order demanding a $126,808 payment from the business owner is quashed, in part because "intertwined factual matters" in the case still need to be resolved.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 10, 2024, Case #: 22-1941, Categories: fraud, Interference With contract, Enforcement Of Judgments
J. Wise finds that the trial court properly denied the dismissal motion under the Texas Citizens Participation Act (TCPA) for a suit involving allegations that a lender was tricked into providing various parties millions of dollars for "bogus transactions" to purchase personal protective equipment during the Covid-19 pandemic. The TCPA does not apply since the claims do not involve the right of association and "concern only private transactions between private parties." Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: January 9, 2024, Case #: 14-22-00244-CV, Categories: Anti-slapp, fraud, contract
J. Doughty grants a general contractor’s request and dismisses a shopping center’s breach of contract claim, arising from a contract dispute over $586,000 worth of storm-related roofing repairs. The shopping plaza is ordered to amend its complaint to address deficiencies in a related fraud claim against the roofer. It is self-evident that anything the plaza could get by prevailing on a declaratory judgment claim could not be obtained via the breach of contract claim. Furthermore, there is a likelihood of overlap between its declaratory judgment and fraud claims.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: January 8, 2024, Case #: 5:23cv1191, NOS: Other Contract - Contract, Categories: Construction, fraud, contract
J. McNamee grants a dental practice acquisition company's motion for judgment on the pleadings concerning a dentist's contract claims. The dental practice acquisition company sufficiently showed in court that the dental practice was not registered as a broker/ dealer in order to secure new practices on its behalf.
Court: USDC Arizona, Judge: McNamee, Filed On: January 8, 2024, Case #: 2:23cv721, NOS: Other Contract - Contract, Categories: fraud, contract
J. Moore finds that the lower court properly entered a judgment enforcing a settlement agreement between the parties. The lower court determined that the appellant must pay the proceeds, even though an impostor had allegedly caused it "to wire the settlement proceeds to the impostor's bank account." There was no error in the ruling, as the appellant "was in the better position to have prevented the fraud." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0260, Categories: fraud, Settlements, contract
J. Chun defers ruling as to whether the insureds fraudulently concealed or misrepresented facts in their underlying lawsuit, in which the insurance company asserts it does not have a duty to defend or indemnify the insureds. At this state of litigation, it is unclear as a matter of law if the insureds concealed or misrepresented facts and thus prejudiced the insurance company, and analyzing the insurance policy and the underlying lawsuit cannot resolve these issues. However, discovery is not closed yet, so the insureds may renew this request after it is.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 29, 2023, Case #: 2:21cv1389, NOS: Insurance - Contract, Categories: fraud, Insurance, contract
J. Tunheim partially grants the retailer's motion to dismiss the produce supplier's suit alleging that it was underpaid for produce deliveries. A one-year time bar in the parties' contract requires dismissal of all of the supplier's claims except one breach-of-contract claim, which survives because the supplier has plausibly alleged that the retailer "strung it along" and can be equitably estopped from arguing that the claim is time-barred.
Court: USDC Minnesota, Judge: Tunheim, Filed On: December 28, 2023, Case #: 0:23cv370, NOS: Other Contract - Contract, Categories: fraud, contract