317 results for 'cat:"Fraud" AND cat:"Contract"'.
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. 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agreement they entered with the city to redevelop a waterfront area in Miami, and a previous opinion in this case is withdrawn and replaced.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. 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
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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. 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
Per curiam, the appellate court finds that the trial court properly ruled in breach of contract claims brought by plaintiff for failure to bring fraud claims related to services in converting his dental practice. However, conversion claims should be reinstated in light of text message evidence. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00885 , Categories: fraud, Conversion, contract
J. Stickman grants a restaurant chain’s motion for summary judgement concerning the class action claims, including unfair enrichment and breach of contract, brought by customers during a nationwide change shortage. The evidence shows modifications and waivers to the purchase-and-sale agreement were made. The customers had the opportunity to withdraw from their purchase but decided to follow through after purposely going to the restaurant to be shortchanged.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: May 1, 2024, Case #: 2:20cv1448, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: fraud, Consumer Law, contract
J. Flanagan grants a generator production company’s partial dismissal in this product liability class action brought by an ice cream truck driver who was chemically burned when the truck’s gasoline tank malfunctioned. The driver argues the company knew the tanks were faulty, claiming fraud by omission. Because the driver fails to give sufficient information as to when the company supposedly began hiding this information, and because he does not point to any specific way that the company tried to hide information, this part of his claim fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 7:23cv1329, NOS: Other Contract - Contract, Categories: fraud, Product Liability, contract
J. Jones finds the district court improperly awarded more than $1.6 billion in contract and fraudulent inducement damages. The competing software companies entered into a licensing and outsourcing agreement authorizing IBM to use the other company's software. This led to AT&T, a customer of the other software company, entering into a relationship with IBM to replace its software. Though a certain non-displacement provision prevented IBM from displacing the other company's software with its own, the relevant phrase, “other valid business reasons,” allows for the displacement at AT&T’s request. Reversed.
Court: 5th Circuit, Judge: Jones , Filed On: April 30, 2024, Case #: 22-20463, Categories: fraud, contract, Technology
J. Tunheim partially grants the construction companies' motion to amend a judgment they have obtained in an action surrounding a failed construction project. Damages awarded in the judgment are duplicative, so they are amended to a damage amount of $6,019,563.98, but pre-judgment interest is awarded at a rate of 10% for fraud damages and 1% for breach-of-contract damages, and post-judgment interest is awarded at a rate of 5.01%.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:19cv3174, NOS: Other Contract - Contract, Categories: fraud, contract
J. Riedmann finds the district court properly found for the romantic partner who received funds from her partner to purchase and remodel her home. The lender signed a form stating he did not expect repayment and he voluntarily sent the funds with no discussion of repayment. The doctrine of unjust enrichment does not require a homeowner to repay funds just because the relationship has ended. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-515, Categories: fraud, Property, contract
J. Winmill denies a heavy equipment auction site's motion for reconsideration regarding a buyer's allegations of breach of contract, fraudulent misrepresentation and unjust enrichment after the machine it purchased arrived with missing parts. The buyer requested a refund and alleges that the auction site never responded. The auction site's motion for summary judgment was denied without a written opinion by a visiting judge, the matter was reassigned to a new judge, and the auction site filed a motion for reconsideration of the denial of summary judgment. There is no evidence of "clear error" by the visiting judge as a material dispute of fact remains regarding whether the company that listed the machine on the auction site was an undisclosed principal.
Court: USDC Idaho, Judge: Winmill, Filed On: April 29, 2024, Case #: 3:21cv150, NOS: Other Contract - Contract, Categories: fraud, contract
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
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
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
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
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. 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. 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. 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