320 results for 'cat:"Fraud" AND cat:"Contract"'.
J. Gee finds in favor of the jewelry company for its claim alleging that it loaned the businessman $1 million to buy a large quality of "Air Queen" face masks from Sysco, and he did not repay it within 48 hours. The businessman asserts that the owner of the jewelry company must comply with oral promises to "get the masks sold" under their original settlement agreement, but their amended agreement precludes any oral promises, so the businessman cannot assert that the owner fraudulently induced him to sign the amended agreement.
Court: USDC Central District of California, Judge: Gee, Filed On: June 5, 2023, Case #: 2:22cv4494, NOS: Other Contract - Contract, Categories: fraud, Settlements, contract
J. McMillian finds that the trial court properly dismissed the fertilizer companies' fraud, negligence and breach of contract action against the storage tank companies seeking damages from a leaky sulfuric acid storage tank. The trial court correctly found that the claims were barred by the eight-year statute of repose. The tank companies had a substantive, vested right to be free from liability for the breach of contract claims as set out in the pre-2020 version of the statute. The 2020 amendment to the statute cannot be applied retroactively to the breach of warranty claim. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: May 31, 2023, Case #: S23A0273, Categories: fraud, Negligence, contract
J. Brown finds the trial court properly granted summary judgment to the redevelopment authority in this suit brought by the purchasers on fraud and breach of contract claims as to the sale, leasing and general repurposing of surplus military base land. The representation made by the trust regarding plans for the land as a historic area were expressions of opinion or predictions of future events, not misrepresentations of material fact. The purchasers failed to provide sufficient evidence that the trust knew the representations to be false at the time they were made, and so the “Delta” exception is inapplicable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 31, 2023, Case #: CV-21-247, Categories: fraud, Property, contract
J. Bokor finds the trial court erred in part in its summary judgment ruling in a lawsuit between the owners of two neighboring properties over one of them building and maintaining a public roadway on the neighbor's property, prompting the neighbor's suit. Because ambiguities exist in the agreement between the two properties, which is one of several agreements involved with parties developing the marina and waterfront area abutting the properties, the lower court's summary judgment order is reversed as to the suing property owner's fraud defenses but is upheld regarding their other affirmative defenses. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 31, 2023, Case #: 21-0806, Categories: fraud, Property, contract
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J. Kendall partially denies a bitcoin mining rig manufacturer’s motion to dismiss contract and fraud claims brought against it by bitcoin miners unhappy with its products. The court finds, despite the manufacturer’s assertion otherwise, that it does have subject-matter jurisdiction over the case. However, the court also construes the manufacturer’s claim of improper venue as a motion to compel arbitration and grants it.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:22cv7121, NOS: Other Contract - Contract, Categories: Arbitration, fraud, contract
J. Kinsley finds the trial court properly dismissed the Texas law firm's complaint for a share of attorney fees for referral services. The draft agreement and emails sent to the Ohio firm that represented the client, which failed to include any fee percentage or specific terms, did not constitute an oral contract. Additionally, the attorney at the Ohio firm never agreed to the vague terms set forth in the emails and, in fact, rejected the offer several months later, all of which supports the lower court's decision to dismiss the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: May 24, 2023, Case #: 2023-Ohio-1728, Categories: fraud, Attorney Fees, contract
J. Scarsi denies an insurance company's motion to dismiss for lack of jurisdiction an insured's breach of contract and fraud claims after her monthly premiums for her mortgage disability policy increased. The insured alleges that by paying the improperly increased premiums, she paid her policy in full by 2018. The insurer informed the insured that it had cancelled her policy retroactively as of 2011. The parties are completely diverse, the insurer has not established that the jurisdictional threshold has been satisfied and have not shown that the amount in controversy likely exceeds $75,000.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 24, 2023, Case #: 2:23cv1413, NOS: Insurance - Contract, Categories: fraud, Insurance, contract
J. Bredar partially denies a lender its motion for default judgment against a group of companies whose owner defrauded eight commercial loans for over $9 million. The lender will be awarded part of its request of prejudgment interest. However, because it did not present specific dates of when it demanded payment in full after discovering the owner’s fraud, it cannot demand those payments immediately nor the entirety of its interest request.
Court: USDC Maryland, Judge: Bredar, Filed On: May 18, 2023, Case #: 1:22cv705, NOS: Other Contract - Contract, Categories: fraud, Banking / Lending, contract
J. Williams finds that the lower court properly granted a take-nothing summary judgment against the appellant in this breach of contract and fraud case stemming from the sale of certain commercial property. The appellant, which purchased the property, contends that the extent of the defects in the parking lot were not fully disclosed. However, the lower court did not err by impliedly concluding "there was no evidence of a breach of any duty to disclose." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 18, 2023, Case #: 11-21-00266-CV, Categories: fraud, Real Estate, contract
J. Kocoras denies a gypsum cement manufacturer’s motion to strike a flooring product manufacturer’s affirmative defenses in this contract dispute, but partially grants its motion to dismiss the flooring product manufacturer’s counterclaims. The court dismisses the flooring product manufacturer’s counterclaims for bad faith dealing, unfair competition and Illinois Uniform Deceptive Trade Practices Act violations. The rest of the claims, including a federal fraud claim, survive.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: May 16, 2023, Case #: 1:22cv268, NOS: Other Contract - Contract, Categories: fraud, Unfair Competition, contract
Per curiam, the circuit finds that the district court properly dismissed fraudulent inducement claims brought after Tyson Foods acquired a company's global poultry business for less than initially proposed because the other party's purported interest lacked concrete terms to support special damages for lost opportunity. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 16, 2023, Case #: 22-1113-cv, Categories: fraud, Damages, contract
J. Mueller grants, in part, a mortgage company's motion to dismiss a reverse mortgage company’s non-compete-related claims. The reverse mortgage company fails to plausibly allege a breach of a non-compete agreement.
Court: USDC Eastern District of California, Judge: Mueller, Filed On: May 15, 2023, Case #: 2:22cv983, NOS: Other Contract - Contract, Categories: fraud, Banking / Lending, contract
J. Armstrong grants the chemical company's motion to compel production of Slack messages from IBM, ruling that while some courts have allowed exclusion of portions of text message conversations, the surrounding messages at issue in this case may be relevant to those already produced and undoubtedly relate to the projects that form the basis of the complaint. Therefore, IBM must produce all Slack conversations of 20 messages or fewer with at least one responsive message within 28 days of this ruling.
Court: USDC Northern District of Ohio, Judge: Armstrong, Filed On: May 15, 2023, Case #: 1:21cv870, NOS: Other Contract - Contract, Categories: fraud, Discovery, contract