82 results for 'cat:"Civil Procedure" AND cat:"Fraud"'.
[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
[Consolidated.] J. Cradle finds the trial court properly denied the car buyers' motion to enforce subpoenas on employees of the dealership. Under the Connecticut rules of practice, emails sent to the individuals were insufficient to effect service. Meanwhile, the buyers cannot challenge the admissibility of several Carfax reports because they never attempted to enter them into evidence at trial and, therefore, the court did not issue a ruling that could be contested on appeal. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 29, 2023, Case #: AC45491, Categories: civil Procedure, fraud, Consumer Law
J. Alley dismisses, for want of jurisdiction an appeal, brought by mechanics who were sued for fraud and other claims by a customer who alleged that the mechanics had “spraypainted an older motor” rather than installing a new engine as he had paid for. The customer had already obtained a no-answer default judgment after the mechanics failed to respond, and they did not file this appeal until after the deadline.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: December 28, 2023, Case #: 08-23-00107-CV, Categories: civil Procedure, fraud, Contract
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J. Quinn finds that the lower court improperly granted the appellees summary judgment in this suit brought by a judgment creditor under the Texas Uniform Fraudulent Transfer Act. No-evidence summary judgment was inappropriate, as the alleged circumstances are "indicative of a transfer." Also, the record does not establish the appellees' limitations defense. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 22, 2023, Case #: 07-23-00295-CV, Categories: civil Procedure, fraud
J. Kearse finds that the district court properly dismissed negligent misrepresentation and warranty claims brought against two art dealers concerning a Mark Rothko forgery because the claims accrued before or on the date of purchase. Thus, the claims were untimely since New York law does not offer extensions for reasonably discoverable claims. However, the buyer's fraud claims were not time-barred, and thus his request to amend was improperly deemed futile. Affirmed in part.
Court: 2nd Circuit, Judge: Kearse, Filed On: December 21, 2023, Case #: 21-2221, Categories: civil Procedure, fraud, Warranty
J. Fouratt denies the doctor and his corporation's motion to dismiss, ruling the former employee's piercing the corporate veil claim is not barred by issue preclusion. The state court action for damages related to sexual harassment did not deal with the merits of the claims, but instead dismissed them on jurisdictional grounds after a judgment had been entered in the employee's favor.
Court: USDC New Mexico, Judge: Fouratt, Filed On: December 14, 2023, Case #: 2:23cv378, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, Corporations, fraud
Per curiam, the appellate division finds that the trial court improperly allowed plaintiff to continue claims contending a logging company failed to leave the property after the contract was cancelled due to unauthorized logging because the record indicates the timber sale contract constituted a complete written instrument, and the contract claim was grounded in allegedly unauthorized logging operations. However, fraud claims may proceed since they were not duplicative of contract claims. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 10, 2023, Case #: CA 22-01498, Categories: civil Procedure, fraud, Contract
J. Robart partially grants the timeshare owners leave to amend their complaint accusing Happy Hour Media Group of not truly assisting them in "exiting" their timeshare obligations in various resort properties. The timeshare owners filed their motion to amend within 21 days of Happy Hour Media Group filing its motion to dismiss and no one filed a responsive pleading, so the timeshare owners shall file an amended complaint by Dec. 15, 2023.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 5, 2023, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, fraud, Class Action
Vice Chancellor Glasscock allows plaintiff to continue unjust enrichment claims contending a company and its controllers were connected with a self-tender offer that turned out to be inadequate after the company was sold for a higher price per share. The unjust enrichment claim was related to existing fiduciary duty claims but was sufficiently distinct to survive dismissal at the pleading stage.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: November 29, 2023, Case #: 9250-VCG, Categories: civil Procedure, fraud, Fiduciary Duty
J. Immergut denies the moving company's motion to set aside the default judgment in favor of the consumer's Carmack claim, which alleges that the moving company required him to sign a blank interstate bill of lading before loading his items into the moving truck, but then refused to release his items unless he paid a higher price than agreed upon. The sole owner and chief executive officer of the moving company admitted in her deposition that she received messages and emails confirming the consumer's lawsuit, and the moving company does not provide a valid reason as to why it did not appear in court.
Court: USDC Oregon, Judge: Immergut, Filed On: November 3, 2023, Case #: 3:22cv1243, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, fraud, Consumer Law
J. Menashi finds that the district court improperly allowed securities regulators to assess additional disgorgement penalties against a company principal who kept money raised in three stock offerings. Precedent holds that disgorgement is governed by equitable limitations, and thus the lower court must determined on remand whether defrauded investors suffered financial harm in the scheme. If disgorgement is applicable, the value of the principal's surrendered stock should be credited toward the overall award.
Court: 2nd Circuit, Judge: Menashi, Filed On: October 31, 2023, Case #: 22-1658, Categories: civil Procedure, fraud, Securities
Per curiam, the circuit finds that the district court properly dismissed fraud claims brought after plaintiff, a Chinese national, was denied a visa under a program targeted at business investment because the action was untimely filed for either accrual or discovery. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 4, 2023, Case #: 22-681-cv, Categories: civil Procedure, fraud, Immigration
J. Bumb stays class claims contending a payment processing company's electronic deposit product for cafeteria food failed to explain fees on deposits. Plaintiffs' discovery requests duplicated requests made in a similar action, and the facts are nearly identical to the other complaint. Meanwhile, the forum selection clause in the terms of service does not negate that the other case was filed first.
Court: USDC New Jersey, Judge: Bumb , Filed On: September 19, 2023, Case #: 1:20cv14929, NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, fraud, Class Action
J. Miskel finds that the lower court properly dismissed the appellant's fraud claims pursuant to the Texas Citizens Participation Act. The appellant sued the opposing counsel in a personal injury suit "for legal filings she made on behalf of her client in that case." The appellant's claims are based on the attorney's "exercise of her right to petition a court," and he fails to establish a prima facie case. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: August 31, 2023, Case #: 05-22-00440-CV, Categories: Anti-slapp, civil Procedure, fraud
Vice Chancellor Glasscock declines to dismiss contract claims challenging a complex scheme to monetize illiquid assets. Due to the multiple contracts at issue, it is impossible to determine intent or rights under the agreements at the pleading stage. However, fraud and promissory estoppel claims counts should be dismissed for failure to state a claim.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: August 29, 2023, Case #: 2022-0167-SG, Categories: civil Procedure, fraud, Contract
J. de Alba grants, in part, a company’s motion to seal in a fraud case. The motion is unopposed and the company includes compelling reasons, such as the need to protect personal identifying information, to seal certain exhibits.
Court: USDC Eastern District of California, Judge: de Alba, Filed On: August 28, 2023, Case #: 1:18cv644 , NOS: Other Fraud - Torts - Personal Property, Categories: civil Procedure, fraud
J. Parker finds that the lower court improperly entered a temporary injunction against the appellants in this suit alleging fraudulent transfer. The order did not comply with Rule 683, as it failed "to state the reasons for its issuance and to be specific in its terms." Accordingly, it is a void order. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 23, 2023, Case #: 07-23-00240-CV, Categories: civil Procedure, fraud
J. Arterton grants the receiver's motion for a partial stay of liquidation proceedings, ruling the unique assets of the embezzler's family will not be liquidated, given the court has yet to determine if they are subject to disgorgement and the $103 million obtained through liquidation of non-unique assets may be sufficient to cover the penalties and taxes owed on the judgment.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 23, 2023, Case #: 3:15cv675, NOS: Securities/Commodities/Exchange - Other Suits, Categories: civil Procedure, fraud, Securities
J. Hightower grants the companies' and individuals' motion to stay proceedings in a fraud, breach of fiduciary duty and conspiracy class action brought by investors pending resolution of a related criminal case. The investors allege they are victims of a $1.8 billion Ponzi scheme. The indictment against two individuals overlaps significantly with the conduct alleged by the investors. The investors' interest in a speedy resolution to the case is outweighed by the individuals' constitutional interests. The individuals are unlikely to be able to effectively defend the instant civil case without being pressured into waiving their Fifth Amendment rights.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 21, 2023, Case #: 1:19cv1050, NOS: Stockholders’ Suits - Contract, Categories: civil Procedure, fraud, Class Action