319 results for 'cat:"Fraud" AND cat:"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
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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
J. Dever grants in part a ticket booking firm’s motion to dismiss allegations of breach of contract and fraudulent inducement, among others, brought by the organizer of the Voices of America Country Music Festival. The organizer claims that the firm created over 5,000 duplicate tickets and over 1,800 duplicate parking passes, valued at over $1.4 million total. This is a clear breach of contract, but the firm presents sufficient evidence that its errors were unintentional, so all other claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv676, NOS: Other Contract - Contract, Categories: fraud, Trade, contract
J. Broderick finds for the equine hospital on breach of contract and fraud claims in a suit over the attempted purchase of a CT scanner for $995,000. While the hospital made down payments on the machine, the defendant manufacturer actually lacked the capacity to make the technology it purported to sell. The manufacturer clearly breached the contract by failing to timely deliver the machine, its only obligation under the agreement, and the hospital incurred damages of $546,000 in down payments it made on a machine that was never delivered.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: April 9, 2024, Case #: 1:18cv6925, NOS: Other Contract - Contract, Categories: fraud, contract
J. Chasanow grants a communications company, consultant company, chief executive officer and chief financial officer’s partial motion to dismiss in this contract dispute brought by a former chief executive officer of the communications company. The former officer alleges that she was induced by the consultant company and its officers in order to enter a purchase agreement. She fails to allege false representations or state a claim for fraud.
Court: USDC Maryland, Judge: Chasanow, Filed On: April 8, 2024, Case #: 8:23cv2749, NOS: Other Contract - Contract, Categories: Communications, fraud, contract
J. Snyder denies in part a cannabis company's motion to dismiss an investor's claims of fraud and breach of contract after he requested the return of his investment and the company did not return the funds. The investor alleges that the company knowingly misrepresented the existence of the company, as well as its financial status, permits, and ability to conduct business in the state with required approvals. The investor has sufficiently alleged breach of contract, intentional misrepresentation, unjust enrichment, concealment and false promise claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 8, 2024, Case #: 2:23cv3304, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, contract
J. Melgren rules a precious metal buyer and class leader may pursue securities fraud claims against a precious metal dealer. The precious metal buyer sufficiently showed in court that the dealer convinced him to create an IRA account as part of a "low-risk method for growing wealth" for a Silver Lease Program, without disclosing that it was administered by a third party who pocketed his investment.
Court: USDC Kansas, Judge: Melgren, Filed On: April 8, 2024, Case #: 6:23cv1064, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, contract
J. Willett finds the district court properly ruled in favor of the construction retaining wall manufacturer. The successor to the company that purchases and sells the walls says the manufacturer defrauded the original company by selling certain products to competitors. The successor seller brought its claims after limitations. Once the manufacturer allegedly breached the exclusivity agreement, the seller had an actionable claim. Any subsequent third-party sales would have only added to existing damages. The limitations period began to run upon the initial alleged breach. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: April 3, 2024, Case #: 23-50123, Categories: fraud, contract
[Consolidated.] J. Conrad partially grants a medical supply company’s motion to compel following allegations of fraud it brought against two people affiliated with a wholesaler with whom the company did business. The company claims these two individuals stole at least $200 million from the wholesale business so that it could not pay the company for services rendered. The people’s accountant claims that the motion to compel was not served properly and that the subpoena was not valid. However, he fails to show sufficient evidence of these claims and, thus, must provide some of the paperwork requested.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 2, 2024, Case #: 3:21cv501, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: fraud, Accounting Malpractice, contract