320 results for 'cat:"Fraud" AND cat:"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
J. Boulware denies the subcontractor's motion for summary judgment. After issues with securing government funds for its work on Nellis Airforce Base, the contractor communicated with the electrical subcontractor regarding tracking of expenses. The subcontractor replied with altered invoices, eventually refusing to endorse a payment check for less than the claimed amount. Many disputes of material fact on fraud and contract claims and counterclaims remain.
Court: USDC Nevada, Judge: Boulware, Filed On: March 31, 2024, Case #: 2:21cv573, NOS: Miller Act - Contract, Categories: fraud, Government, contract
J. Whitehead declines to dismiss Amazon's complaint that the research institute refused to refund Amazon after it did not supply the company with the promised disposable medical gloves. Amazon sufficiently alleges that the research institute's employees and officers are its alter egos, that they knowingly made false promises about the disposable medical gloves, and that some misrepresentations happened before Amazon made the purchase.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:21cv753, NOS: Other Contract - Contract, Categories: fraud, contract
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J. Grimes finds the lower court properly dismissed a special motion to strike filed by a church deacon and his wife after a donor donated over $1 million to an organization run by the wife, after a sermon. The donation was to help purchase a car and a home for a destitute family, with any leftover funds to be returned to the donor. The donor discovered that the house and car were purchased in the organization’s name, not that of the family in need. The donor filed suit alleging he was solicited for the funds which were used fraudulently to benefit the organization, not the family he believed he was helping. The deacon and his wife deny the claim, alleging the conversations with the donor were public in nature and about the family’s needs, and protected as they were part of a sermon and protected speech. The lower court disagreed, as the discussions were specific in nature and the issue was not so much about where the speech or conversation occurred, but rather about the alleged misconduct perpetrated by the deacon and his wife after the sermon. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: March 29, 2024, Case #: B327668, Categories: fraud, Fiduciary Duty, contract
J. Rothstein declines to dismiss the contract claim of the account holder's complaint alleging that the bank did not properly investigate a $140,000 fraudulent withdrawal. The claim survives because each time the bank allowed a fraudulent transfer was a distinct and separate error instead of a collective single error, and the deposit account agreement requires the bank to investigate any discrepancies a customer brings to its intention and to give the account holder a copy of reviewed investigative documents.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:23cv5698, NOS: Consumer Credit - Other Suits, Categories: fraud, Consumer Law, contract
J. Scholer allows a petroleum vendor’s claims of constructive fraud to proceed in a case in which defendant continued to advance a client funds to purchase petroleum products despite defendant’s knowledge of the client’s inability to pay. The client filed for bankruptcy and the vendor now seeks payment for the petroleum product from defendant because Oklahoma’s Oil and Gas and Lien Act allows hydrocarbons to be sold with a lien on the proceeds from the sale of the product.
Court: USDC Northern District of Texas , Judge: Scholer, Filed On: March 29, 2024, Case #: 3:23cv525, NOS: Other Contract - Contract, Categories: Energy, fraud, contract
J. Blakey partially grants a trucking company’s motion to dismiss fraud, contract breach and Carmack Amendment claims brought by a couple whose interstate move was botched by the company. The court finds the couple have not sufficiently alleged their fraudulent misrepresentation and Illinois consumer fraud claims, but allows their claims under the Carmack Amendment and federal motor carrier safety regulations to stand.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:23cv531, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: fraud, Transportation, contract
J. Underhill grants in part and denies in part a motion for summary judgment in a case in which Bondsmen did not return a depositor’s funds. The case is timely, and statute of limitations claims by Bondsmen do not apply. The depositor’s claim of fraudulent misrepresentation is denied because the Bondsmen’s representation of legal issuance of the bonds is an issue of fact. The depositor’s motion for summary judgment is denied in part and granted in part.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 28, 2024, Case #: 3:21cv221, NOS: Other Contract - Contract, Categories: fraud, Conversion, contract
J. Wynn finds the lower court improperly granted summary judgment to the contractor on fraud claims. A couple and a contractor agreed to the sale and renovation of a home. The contractor told the couple that all subcontractors would be licensed before they signed the agreement. Despite Virginia law not requiring that subcontractors working under a licensed contractor hold their licenses, the couple would not have agreed to the sale if they knew they would be unlicensed. Vacated.
Court: 4th Circuit, Judge: Wynn, Filed On: March 27, 2024, Case #: 22-2265, Categories: Construction, fraud, contract
J. Coughenour denies the former insurance agency leader's motion to dismiss the fraudulent inducement claim in the insurance brokerage firm's complaint alleging that the former leader manipulated non-party Rice Insurance Agency's financial records to make it appear more profitable than it was, incentivizing the insurance brokerage firm to invest more than it should have. The insurance brokerage firm plausibly suggests that the former leader did not intend to honor his promises, as one pre-sale email has the former leader instruct an employee to delay recording commission checks so he could present an "earn out" of over 10 times until after the sale closed.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: March 27, 2024, Case #: 2:23cv1468, NOS: Other Contract - Contract, Categories: fraud, contract
J. Tunheim grants the video game maker's owner's motion for summary judgment in the game reseller's suit against him and his company alleging breach of contract and fraud. An email the owner forwarded with a delivery schedule, which proved to be false, is not sufficient to support a fraud claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 25, 2024, Case #: 0:19cv3114, NOS: Other Contract - Contract, Categories: fraud, contract
J. Failla partially grants the defendants' motion to dismiss investor claims that they misrepresented the value of their interests in a solar company in order to buy the investors' stake for $105 million, only to turn around and sell their collective interest for over $1 billion a year later. The parties' contract waives any right for investors to claim they were fraudulently induced into signing the sale agreement. However, the agreement does not bar claims against non-party affiliates, or non-fraud claims against the company.
Court: USDC Southern District of New York, Judge: Failla, Filed On: March 25, 2024, Case #: 1:23cv2172, NOS: Other Contract - Contract, Categories: fraud, contract
J. Bell affirms the lower court’s decision that a machinery producer has plausible evidence that a powder coat and finishing company committed fraud, among other things, when it created two similar companies and fraudulently transferred the producer’s money between them.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 21, 2024, Case #: 5:23cv59, NOS: Other Contract - Contract, Categories: fraud, Fiduciary Duty, contract
J. Simon declines to dismiss the fraud claim against one of the company owners from the investor's complaint, which alleges that the company owners induced the investor to put money into the cannabis business while overstating its profitability. The investor alleges sufficient facts showing that one of the company owners concealed facts about the other business that his co-owners operated that used the cannabis business' equipment without the investor's knowledge.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:21cv601, NOS: Other Contract - Contract, Categories: fraud, contract
J. Rufe grants a realty company's motion to dismiss this suit filed by a franchise company, alleging it breached the parties’ lease by failing to alert them that they were legally barred from opening a franchise store in the historic district of New Hope, Pennsylvania. The tenant failed to present any facts establishing that the landlord had a duty to alert them of local laws.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: March 20, 2024, Case #: 2:23cv2193, NOS: Other Contract - Contract, Categories: fraud, Property, contract
J. Palafox finds a lower court partially erred in a complicated fraud case in which the suing company, which was working with several other companies to build a solar power facility in Nicaragua, accused its former partners of mislabeling and supplying lower quality solar panels than the parties had agreed to. The lower court was wrong to find that one company involved in the case still had a right to exercise a forum-selection clause in its contract, because the company had “consciously litigated” in Texas and only attempted to exert this option “after receiving an adverse ruling.” Otherwise, the court ruled correctly, including issuing a take-nothing judgement against another company after the suing company failed to address the individual elements of its fraud by nondisclosure claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: March 20, 2024, Case #: 08-22-00244-CV, Categories: fraud, contract
J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, Property, contract
Per curiam, the appellate division finds that the lower court improperly granted the capital firm's cross-motion for leave to file a third amended complaint to amend its allegations with respect to its fraud claim, but properly granted it with respect to the breach of sale agreement claim. The firm sufficiently alleged that the defendant company's obligation to transfer shares pursuant to the sale agreement was supported by valid consideration. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01504, Categories: fraud, contract
J. Vratil rules a pet food equipment company may pursue unjust enrichment claims against commercial food byproducts company. The pet food equipment company sufficiently alleged that the commercial byproducts company overcharged it for goods and services, and "kept its descriptions vague" in order to mark up its profit margin.
Court: USDC Kansas, Judge: Vratil, Filed On: March 18, 2024, Case #: 2:23cv2575, NOS: Other Contract - Contract, Categories: fraud, Jurisdiction, contract
J. Jennings grants, in part, the spirits distillery partners' motion to dismiss this breach of contract and fraud suit. The partner who filed suit says his purchasing advice was being ignored before he was cut out of critical business decisions altogether, while other partners hid certain product from him, shipping it out of state. The breach of contract allegation is barred by the statute of frauds. However, a claim of unjust enrichment has been plausibly stated, and the statute of frauds does not preclude equitable relief on this claim.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 18, 2024, Case #: 3:23cv602, NOS: Other Contract - Contract, Categories: fraud, contract
J. Garaufis finds two individuals liable on breach of contract claims for their failure to pay the principal or interest on a $2 million loan and awards the litigants the same amount in damages. The defendants fail to present any material evidence that would suggest they were fraudulently induced into signing the loan notes. The court directs the parties to recalculate how much the litigants are entitled to in unpaid and pre-judgment interest.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: March 18, 2024, Case #: 1:18cv7303, NOS: Negotiable Instrument - Contract, Categories: fraud, Damages, contract
J. Wright grants in part a global nutrition company's and denies a technology company's cross-motions for summary judgment regarding allegations of breach of the parties' agreements. The technology company has not shown that the master services agreement limits the nutrition company's remedies in the event of a breach. The nutrition company "raises genuine disputes of material fact regarding whether the [technology company] committed fraud by concealment." The nutrition company "establishes that the statute of frauds bars [the technology company's] cause of action for breach of verbal agreements." The technology company has not shown that the nutrition company violated either the NDA or the enterprise license agreement.
Court: USDC Central District of California, Judge: Wright, Filed On: March 18, 2024, Case #: 2:22cv347, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, contract
J. Martinez mostly declines to dismiss the consumers' complaint alleging that Amazon overcharged them by claiming that it sold them digital content when Amazon was actually only licensing the digital content. The consumers have sufficiently alleged that they were injured by overpaying for a purchase they would not have paid for if they knew they were only purchasing a limited license. Furthermore, Amazon's use of the word "buy" regarding the digital content could be materially misleading to a reasonable consumer.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 15, 2024, Case #: 2:22cv401, NOS: All Other Real Property - Real Property, Categories: fraud, Consumer Law, contract
J. Hunt grants the suing boiler-leasing company’s motion to dismiss the defendant power plant operator’s counterclaims of fraud. The boiler company sued the plant operator after the plant operator returned one of its leased boilers in damaged condition; the operator in turn claimed the boiler was never in as good of condition as the boiler company claimed. The court finds the power plant operator has failed to sufficiently back up its fraud counterclaims, and dismisses them with prejudice.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: March 14, 2024, Case #: 1:21cv1353, NOS: Other Contract - Contract, Categories: fraud, Property, contract
J. McShane denies the fraudulent transfer claim in the Japanese corporation's complaint that the art supply store and others transferred property to hinder, delay or defraud creditors. The Japanese corporation alleges that the loan was part of the fraudulent scheme by the president and shareholder of one of the companies to avoid an adverse judgment by the arbitrator, but the loan and assets were not concealed from the Japanese corporation, so there is not a proven requisite intent to hinder, delay or defraud the Japanese corporation.
Court: USDC Oregon, Judge: McShane, Filed On: March 14, 2024, Case #: 6:21cv1115, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: fraud, contract