320 results for 'cat:"Fraud" AND cat:"Contract"'.
J. Rose denies the school supplies buyer's motion for judgment on the pleadings, ruling the fraudulent transfer claim may proceed even if the third party involved in the transfer of supplies is a fictitious entity. It is operated by the owner of the buyer and, under Ohio law, such an entity may still have a judgment entered against it. Meanwhile, the seller's motion to dismiss counterclaims is denied because the contract between the parties included an undisputed obligation for a bonus to be paid to the buyer.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 13, 2024, Case #: 3:23cv83, NOS: Other Contract - Contract, Categories: fraud, contract
J. Wise finds that the trial court properly ruled in favor of the purchasers of a food truck that was never delivered. There was sufficient evidence that the food truck business and its manager violated the Deceptive Trade Practices Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: March 7, 2024, Case #: 14-21-00292-CV, Categories: fraud, contract
J. Leinenweber denies the originally sued insurance firm’s motion to transfer this case to Utah, and partially grants the originally suing insurance and capital firms’ motion to dismiss their opponents’ fraud, conspiracy, wage law violation and tort claims. This is a convoluted contract dispute arising from a number of businesspeople who passed their insurance and capital firms between each other and spent time working for each other. Now, in claims and counter-claims, they accuse each other of business malfeasance of various stripes, which the court attempts to simplify in this ruling eliminating all but three claims several of the parties on both sides face.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: March 5, 2024, Case #: 1:23cv1109, NOS: Other Contract - Contract, Categories: fraud, Tort, Interference With contract
J. Vascura denies the uninterruptable power supply manufacturer's partial motion to dismiss, ruling that limiting language in its contract with the industrial plant allows the plant's insurance company to plead both contract and fraud claims. The damages limitation clause would not provide nearly enough to compensate the plant for damage from the explosion, and punitive or secondary damages from a fraud claim would be necessary.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: fraud, Insurance, contract
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J. Southwick finds the district court properly granted summary judgment to the attorney. The attorney and partner formed a "gentleman's" venture to form a business for making settlement-secured medical loans to litigants, but the partner was not listed on any formational document. After some time of a 50/50 profit-sharing arrangement, the partner sought financial information, but was told that he held an economic benefit only interest, and that the business was owned by a trust. Though the parties made a profit-sharing agreement, tax documentation shows a possible change in payments from profit-sharing to services rendered. The statute of frauds applies to the unenforceable oral agreement. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: March 5, 2024, Case #: 23-50297, Categories: fraud, Tax, contract
J. Liman partially denies the Louisiana law firm's motion to dismiss breach of contract claims stemming from its role in persuading the buyer to sign an escrow agreement for the purchase of $1 million in medical gowns. The buyer sent the initial $113,000 payment, but never received any gowns and the firm never returned the money. The firm is subject to jurisdiction in New York based on its communications into New York with the purpose of completing the transaction.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 4, 2024, Case #: 1:22cv9586, NOS: Other Contract - Contract, Categories: fraud, Jurisdiction, contract
J. Fuller finds that the trial court properly ruled in favor of the brokerage firm and two agents in a fraud and negligence action brought by the houseboat buyer after the boat began to leak. The buyer sought revocation and rescission of the purchase agreement. The contract specifically stated that no representations were made by the firm other than those in the agreement and included a disclaimer disavowing all warranties. The buyer therefore could not have justifiably relied on the firm's oral representations about the boat. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: March 1, 2024, Case #: A23A1551, Categories: fraud, contract
J. Hittner grants a boat seller's motion for summary judgment in a dispute arising from the purchase of a boat that subsequently had fuel system issues. The buyer's contract, negligent misrepresentation, fraud and breach of warranty claims fail, as the parties' sales agreement was unambiguously as-is and there is no evidence the seller made a representation of the boat's fuel tank.
Court: USDC Southern District of Texas, Judge: Hittner, Filed On: February 29, 2024, Case #: 4:22cv4510, NOS: Contract Product Liability - Contract, Categories: fraud, Warranty, contract
J. Boyle grants the FDIC’s motion to disqualify counsel for a financial group in its own party in a suit against two insurance companies for wrongfully denying coverage under financial bond policies. This suit originates from a fraud scheme committed against the financial group’s subsidiary, a bank. Since the FDIC has come to substitute the bank as a party, the bank’s counsel, which also represents its associated financial group, presents a conflict of interest for the FDIC. The FDIC may proceed with obtaining new counsel.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 28, 2024, Case #: 5:23cv95, NOS: Insurance - Contract, Categories: fraud, Banking / Lending, contract
J. Wright denies the hotel owner's motion for prejudgment attachment of the $2.4 million down payment it made for an embattled construction project. The parties' agreement stated that the payment was non-refundable, and there is evidence that it was spent on the project. Additionally, the owner has not sufficiently demonstrated that the circumstances create a risk to collectibility of any judgment, nor that the harm suffered by the hotel owner if the payment is not returned would be greater than the harm suffered by the contractor if it s.
Court: USDC Minnesota, Judge: Wright, Filed On: February 27, 2024, Case #: 0:23cv2649, NOS: Other Contract - Contract, Categories: fraud, contract
J. Scholer grants, in part, a dental staffing company's motion to file a third amended complaint in its case arising from an agreement to buy a business's staffing contracts. Its addition of claims for negligent misrepresentation, breach of contract and fraudulent inducement are not futile.
Court: USDC Northern District of Texas , Judge: Scholer, Filed On: February 26, 2024, Case #: 3:22cv2553, NOS: Other Contract - Contract, Categories: fraud, contract
J. Shea denies, in part, the bank employees' motion to dismiss, ruling the bank's allegations of a scheme by which the employees submitted expense reports for a marketing company they owned meet the heightened pleading requirements of its fraud claim, which will be allowed to proceed.
Court: USDC Connecticut, Judge: Shea, Filed On: February 26, 2024, Case #: 3:23cv609, NOS: Other Contract - Contract, Categories: fraud, contract
J. Austin denies the city's motion to alter or amend judgment in the property owners' suit alleging breaches of contracts associated with redevelopment of a shopping center, along with the property owners' motion for attorney fees and costs. The city's contention that the property owners' agreement to sell to a third party did not constitute "valuable consideration" for the city's own agreement with the property owners because the third-party agreement preexisted the city's agreement fails, since there is no evidence in the record establishing that the property owners entered into any binding agreement to sell before signing their agreement with the city. The city's defense against the property owners' claims, however, was not without substantial justification, nor was its assertion of counterclaims.
Court: USDC South Carolina Aiken, Judge: Austin, Filed On: February 26, 2024, Case #: 7:20cv1305, NOS: Other Contract - Contract, Categories: fraud, Municipal Law, contract
J. Kleeh grants the hydrocarbon exploration company's partial motion to dismiss the three oil and gas lessees' first amended complaint accusing the company of improperly deducting the costs or expenses from their royalties, and falsely reporting to the West Virginia Department of Environmental Protection no production of natural gas liquids. The court dismisses in their entirety the counts for fraudulent misrepresentation and violation of state law requiring producers to provide lessees certain production information on their royalty statements, due to the lessees' failure to notify the company of the possible violation via certified U.S. Mail prior to filing suit.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 26, 2024, Case #: 1:22cv56, NOS: Other Contract - Contract, Categories: Energy, fraud, contract
J. Coleman grants a pizzeria franchise licensing company’s motion to dismiss counterclaims brought by a former franchisee. The licensing company initially brought suit against the franchisee after it claimed that he violated several elements of the pizzeria franchise agreement, terminating the agreement over the same issues. In response, the franchisee counter-sued for fraud and breach of contract, but the court finds he has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: February 23, 2024, Case #: 1:22cv2396, NOS: Franchise - Contract, Categories: fraud, Business Practices, contract
J. Dennis finds the district court properly granted summary judgment to Raytheon on a former systems engineer's allegations of retaliation for his reporting of misrepresentations the company allegedly made involving the recalibration of a radar system. Certain case law bars review of claims implicating the merits of Raytheon's decision to revoke the engineer's security clearance, and the circuit lacks jurisdiction over those claims. The employee has not cited any specific facts he needed and was prevented from discovering that would create a dispute of material fact as to whether the action was materially adverse. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: February 15, 2024, Case #: 21-11060, Categories: fraud, Government, contract
J. Sánchez grants a father’s motion for summary judgment against his son in this shareholder action concerning the family business, an air fragrance supplier. The father is a minority shareholder and the son is a majority shareholder who acted fraudulently and oppressively toward his father as the minority shareholder, abused his authority, and mismanaged the operations of the company.
Court: USDC Eastern District of Pennsylvania, Judge: Sánchez, Filed On: February 14, 2024, Case #: 2:21cv3984, NOS: Other Personal Injury - Torts - Personal Injury, Categories: fraud, Business Practices, contract
J. Redford finds for the seller of a student housing complex in claims contending the seller misrepresented the physical and financial condition of the property because the buyer had been provided, but chose to ignore, documentation regarding the physical condition of the property and its financial status prior to purchase. Affirmed.
Court: Michigan Court of Appeals, Judge: Redford, Filed On: February 8, 2024, Case #: 361299, Categories: fraud, Property, contract
J. Ludwig grants summary judgment to the financial correspondent, the investment firm and the firm's founder the investors claim were involved with their transactions with a wealth management group that turned out to be a Ponzi scheme, which caused the investors to lose hundreds of thousands of dollars. The investors have failed to bring specific evidence of specific wrongdoing by the the correspondent, firm and founder, instead mostly reiterating the wrongdoing of the group and its chief, who is now in prison. The investors' claims of intentional misrepresentation, negligent misrepresentation, and claims of violations of Wisconsin statutes involving the sale of unregistered securities, fraud and unlicensed brokers fail, and the correspondent, firm and founder are dismissed. The investors have 14 days to make a case for why the firm's employee should not also be granted summary judgment.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: February 7, 2024, Case #: 2:18cv2005, NOS: Other Contract - Contract, Categories: fraud, Securities, contract
J. Baker partially grants the gun seller's motion for default judgment in a fraud, negligent misrepresentation and breach of contract action against the gun manufacturer arising from a failed agreement between the parties to design and manufacture a new nine millimeter pistol caliber carbine. The seller plausibly alleged that the manufacturer violated the terms of the agreement and that the manufacturer misrepresented its ability to design and produce the parts. The motion is granted as to liability on all counts but a ruling on damages is reserved until after a hearing in March.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 7, 2024, Case #: 4:21cv334, NOS: Other Contract - Contract, Categories: fraud, contract
J. Ortego finds that the trial court improperly denied the creditor's motion to confirm default judgment after it sought to rescind a contract relating to the credit sale of property. The trial court lacked the power to dismiss the creditor's action "on its own motion." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-464, Categories: fraud, Property, contract
J. Rice grants the plasma machine seller's partial motion to dismiss, ruling that although the machine did not work as intended, the buyer's fraud claim fails because no specific representations were made by the seller about types of cuts, nor did the seller know the machine would not perform to specifications. Additionally, the existence of a valid contract between the parties precludes an unjust enrichment claim, which will also be dismissed.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: February 5, 2024, Case #: 3:22cv333, NOS: Other Contract - Contract, Categories: fraud, contract