84 results for 'cat:"Civil Procedure" AND cat:"Fraud"'.
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
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
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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. Ross denies the defendant consultants' motion to dismiss claims related to a fraudulent wire transfer. Several defendants named by the insurer reside in Missouri, and personal jurisdiction over the consultants is proper in Missouri because, under RICO, the insurer need only show that they have minimum contacts with the U.S.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: April 2, 2024, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, fraud, Racketeering
J. Collier grants the bank's motion for judgment on the pleadings in this suit arising from a "commercial loan transaction negotiation." The plaintiff company asserts claims for negligent misrepresentation, promissory fraud and promissory estoppel after the loan did not close. However, it fails to adequately state a claim for relief.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: March 28, 2024, Case #: 2:23cv22, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, fraud, Banking / Lending
J. Chehardy finds that the trial court should not have granted the Office of Community Development's exception of no cause of action on a homeowner's claim that the judgment against him contained false information regarding the home elevation grant that was the basis of the suit. The homeowner should have been given an opportunity to amend his complaint to show sufficient relevant facts to support the allegations of fraud or ill practices. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: March 27, 2024, Case #: 23-CA-366, Categories: civil Procedure, fraud
J. Boyle grants the heirs to a man’s estate their motion to dismiss allegations of fraud brought by a claimant to the same estate. The claimant alleges that the other heirs lied to her and swindled her out of her rightful portion, making themselves millionaires. However, she does not present sufficient evidence of this and part of her claim goes back to 1992, so it’s time-barred.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: March 22, 2024, Case #: 5:23cv98, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, Civil Rights, fraud
J. Eskridge grants, in part, a management company's motion to file an amended complaint in its fiduciary duty and conspiracy claims against several parties. The proposed claims in the amended action relate back to the original, and amendment is not futile.
Court: USDC Southern District of Texas, Judge: Eskridge, Filed On: March 22, 2024, Case #: 4:21cv2698, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, fraud, Fiduciary Duty
J. Brennan grants, in part, the Ohio paint removal company's motion for summary judgment, ruling the competitor's RICO claims must be dismissed. It knew or should have had strong suspicions regarding the Ohio company's fraudulent bidding practices before or during the criminal bribery trial of its owner, which took place more than four years before this complaint was filed; therefore, the complaint was filed outside the statute of limitations.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: March 18, 2024, Case #: 5:21cv731, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, fraud, Racketeering
[Consolidated.] J. Jacobs finds that the district court properly held that dismissal of federal class investment fraud claims did not require exercising supplemental jurisdiction over analogous state class claims, as the existence of subject-matter jurisdiction did not require invoking such, especially when the request was time-barred. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: March 13, 2024, Case #: 21-2603-cv (L), Categories: civil Procedure, fraud, Jurisdiction
J. Starr denies, in part, a partnership's motion to dismiss a drilling company's veil piercing claim. The company has shown that amended its complaint to add this claim is not futile, will not delay the case and does not prejudice the partnership.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: February 28, 2024, Case #: 3:22cv2062, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, fraud
J. Parker finds in this interlocutory appeal that the lower court properly denied the appellants' dismissal motion pursuant to the Texas Citizens Participation Act. The appellants failed to show that the Act applies to the claims under the Texas Uniform Fraudulent Transfer Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 27, 2024, Case #: 07-23-00271-CV, Categories: civil Procedure, fraud
Per curiam, the appellate division finds that the lower court properly declined to dismiss a breach of fiduciary duty claim against the building owner alleging it fraudulently passed on to unit owners the costs of construction and maintenance disguised as condominium common charges. The owner's actions to conceal renovation charges in the common charge assessments is a core element of the unit owners' claims, so the claims are subject to a six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00450, Categories: civil Procedure, fraud, Property
J. Quinn finds that the lower court properly dismissed this fraud lawsuit concerning ownership of a home. The petition was dismissed as a nullity, as it was filed on behalf of the appellant by a person who was not a licensed attorney. The matter is not "adequately briefed" on appeal and is therefore waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 29, 2024, Case #: 07-23-00250-CV, Categories: civil Procedure, fraud
J. Chun dismisses the consumer's Consumer Legal Remedies Act (CLRA) claims accusing Amazon of passing her information to Audible, which signed her up for a 30-day free Audible trial without her consent. The CLRA notice letter that the consumer sent does not meet the relevant statutory notice requirement because it does not cite what specific CLRA provisions Amazon and Audible violated. If the notice letter is revised, the consumer may plead her case again.
Court: USDC Western District of Washington, Judge: Chun, Filed On: January 23, 2024, Case #: 2:23cv1219, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, fraud, Consumer Law
[Consolidated.] J. Gibbons finds the lower court erroneously dismissed the false advertising claims filed by the windshield repair sealant manufacturer against the auto glass replacement company. Affidavits from commercial customers about statements made by the glass replacement company about the efficacy of sealant on cracks longer than six inches are sufficient to establish causation in the mind of a reasonable juror. Meanwhile, the Ohio Uniform Trade Secrets Act counterclaim filed by the glass replacement company was also improperly dismissed because the company had no reason to believe any of its trade secrets had been stolen by a former employee until his deposition in this litigation, which rendered the counterclaim timely. Reversed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: January 16, 2024, Case #: 22-3204, Categories: civil Procedure, fraud, Trade Secrets