320 results for 'cat:"Fraud" AND cat:"Contract"'.
J. Hunt partially grants the defendant daycare operator’s motion for summary judgment on multiple contract breach, fraud and misrepresentation claims brought by an Iranian investor. The investor hoped to use his investments into the defendants’ prospective childcare franchises to become a permanent U.S. resident, and sued for multiple counts after the franchises fell apart. The court denies the operator’s motion for summary judgment on the investor’s breach of contract and and partially denies the motion as to his fraudulent misrepresentation claims, but grants the motion as to the investor’s negligent misrepresentation claims, his Franchise Disclosure Act claims, and his requests for declaratory judgment and injunctive relief.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 29, 2024, Case #: 1:19cv3402, NOS: Franchise - Contract, Categories: fraud, Business Practices, contract
J. Failla dismisses RICO claims against the defendant metal importers but sustains the breach of contract claims in a lawsuit alleging a group of importers schemed to obtain aluminum steel from the manufacturer without paying for it. The fraud claim is duplicative of the breach of contract claim because the alleged misprepresentations were not extraneous to the contract, but at the heart of the manufacturer's belief the contract would be paid in full by a third party.
Court: USDC Southern District of New York, Judge: Failla, Filed On: January 26, 2024, Case #: 1:22cv1928, NOS: Other Contract - Contract, Categories: fraud, contract, Racketeering
J. Gruender finds a lower court properly dismissed a freight service's challenge to a post- trial order concerning contract claims brought by a components manufacturer. The freight service argued that it properly charged the components manufacturer a fee for delivery services. However, the components manufacturer sufficiently showed in court that the freight service's base rate was a "much higher 'rounder' rate." Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 25, 2024, Case #: 23-1379, Categories: fraud, Damages, contract
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J. Grosjean recommends granting default judgment and awarding $515,000 to a finance company on its fraud and contract action against an individual. The individual failed to respond to the motion or make an appearance, and the company sufficiently alleges its claims.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: January 19, 2024, Case #: 1:23cv117 , NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Banking / Lending, contract
J. Gordon denies the signature canvassers' motion to dismiss the fraud claims. The public education advocacy group says it was defrauded out of more than $2.2 million in a failed signature gathering effort supporting a ballot initiative. The assignee of the advocacy group says the canvassers did not obtain valid signatures at the claimed rate. The canvassers' contacts with the forum were not random, fortuitous, attenuated, or based solely on the advocacy group's location. The claims are assignable, arising out of the canvassers' forum-related activities, and exercise of jurisdiction is reasonable.
Court: USDC Nevada, Judge: Gordon , Filed On: January 17, 2024, Case #: 2:23cv69, NOS: Other Contract - Contract, Categories: fraud, Jurisdiction, contract
Vice Chancellor Zurn denies the former officers' summary judgment motion seeking advancement of litigation fees and expenses in a federal action asserting fraud and contract claims. As a gating issue, an arbitration provision in the company's operating agreement is inapplicable, and because the operating agreement was amended and then supplanted by a new agreement, the former officers' advancement rights may have been repealed.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: January 17, 2024, Case #: 2023-0813-MTZ, Categories: fraud, Interference With contract, Attorney Fees
J. Whitney partially grants a shoe manufacturer’s motion to dismiss allegations of breach of contract, bad faith and fraud brought by a competitor. This ruling takes into consideration prior litigation, specifically a protective order, which the manufacturer now accuses the competitor of breaching. However, neither this claim, nor the bad faith and fraud allegations, are sufficient to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 16, 2024, Case #: 3:23cv167, NOS: Other Contract - Contract, Categories: fraud, Business Practices, contract
J. Hendon finds the business owner's motion for a petition of certiorari in her dispute with the former vice president and general counsel of one of her businesses including fraud, misrepresentation and breach of contract claims must be granted. The portion of the trial court's partial final judgment calling for the immediate execution of an order demanding a $126,808 payment from the business owner is quashed, in part because "intertwined factual matters" in the case still need to be resolved.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 10, 2024, Case #: 22-1941, Categories: fraud, Interference With contract, Enforcement Of Judgments
J. Wise finds that the trial court properly denied the dismissal motion under the Texas Citizens Participation Act (TCPA) for a suit involving allegations that a lender was tricked into providing various parties millions of dollars for "bogus transactions" to purchase personal protective equipment during the Covid-19 pandemic. The TCPA does not apply since the claims do not involve the right of association and "concern only private transactions between private parties." Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: January 9, 2024, Case #: 14-22-00244-CV, Categories: Anti-slapp, fraud, contract
J. Doughty grants a general contractor’s request and dismisses a shopping center’s breach of contract claim, arising from a contract dispute over $586,000 worth of storm-related roofing repairs. The shopping plaza is ordered to amend its complaint to address deficiencies in a related fraud claim against the roofer. It is self-evident that anything the plaza could get by prevailing on a declaratory judgment claim could not be obtained via the breach of contract claim. Furthermore, there is a likelihood of overlap between its declaratory judgment and fraud claims.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: January 8, 2024, Case #: 5:23cv1191, NOS: Other Contract - Contract, Categories: Construction, fraud, contract
J. McNamee grants a dental practice acquisition company's motion for judgment on the pleadings concerning a dentist's contract claims. The dental practice acquisition company sufficiently showed in court that the dental practice was not registered as a broker/ dealer in order to secure new practices on its behalf.
Court: USDC Arizona, Judge: McNamee, Filed On: January 8, 2024, Case #: 2:23cv721, NOS: Other Contract - Contract, Categories: fraud, contract
J. Moore finds that the lower court properly entered a judgment enforcing a settlement agreement between the parties. The lower court determined that the appellant must pay the proceeds, even though an impostor had allegedly caused it "to wire the settlement proceeds to the impostor's bank account." There was no error in the ruling, as the appellant "was in the better position to have prevented the fraud." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0260, Categories: fraud, Settlements, contract
J. Chun defers ruling as to whether the insureds fraudulently concealed or misrepresented facts in their underlying lawsuit, in which the insurance company asserts it does not have a duty to defend or indemnify the insureds. At this state of litigation, it is unclear as a matter of law if the insureds concealed or misrepresented facts and thus prejudiced the insurance company, and analyzing the insurance policy and the underlying lawsuit cannot resolve these issues. However, discovery is not closed yet, so the insureds may renew this request after it is.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 29, 2023, Case #: 2:21cv1389, NOS: Insurance - Contract, Categories: fraud, Insurance, contract
J. Tunheim partially grants the retailer's motion to dismiss the produce supplier's suit alleging that it was underpaid for produce deliveries. A one-year time bar in the parties' contract requires dismissal of all of the supplier's claims except one breach-of-contract claim, which survives because the supplier has plausibly alleged that the retailer "strung it along" and can be equitably estopped from arguing that the claim is time-barred.
Court: USDC Minnesota, Judge: Tunheim, Filed On: December 28, 2023, Case #: 0:23cv370, NOS: Other Contract - Contract, Categories: fraud, contract
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
Per curiam, the appellate division finds that the trial court properly dismissed amended claims contending a Canadian company failed to renew a contract for supply parts because plaintiff, an aerospace company, failed to demonstrate the parties entered a special relationship, and any potentially leading questions asked by counsel for the other company had been harmless. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 22-01667, Categories: fraud, contract
Per curiam, the appellate division finds that the lower court properly found for the Maserati dealership on fraud claims stemming from the purchaser's repeated attempts to get repairs to her vehicle's air conditioning system. The purchaser cannot identify any specific material misrepresentation of fact, and cannot avail herself of consumer protection laws because the vehicle was purchased by her company and claimed as a 100% business use deduction on its corporate tax returns. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 20, 2023, Case #: 06511, Categories: fraud, contract
J. Gettleman grants a clinical research company’s motion to dismiss one of its former stock holders’ contract, fraud, securities and estoppel claims. The stock holder claims the company provided him with misleading data as to the value of his shares, which in turn meant he took on a much higher tax liability than he was expecting when he sold the shares following a merger the company went through in 2021. However, the court agrees with the company that the stock holder has failed to show the company acted with fraudulent intent. The court also opines the stock holder has failed to show that the company “promised to provide him with accurate, updated fair market value information” through a separate trading platform.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: December 20, 2023, Case #: 1:23cv5782, NOS: Other Contract - Contract, Categories: fraud, Securities, contract
J. Cole denies, in part, the chemical solvent company's partial motion to dismiss, ruling that at this stage of the litigation, its agreement with the Chinese distribution company is a valid contract. Allegations in the complaint support the distribution company's claim that certificates of exclusivity, which do not include all terms of the agreement, are merely evidence of a contract and not the contract itself. Additionally, Ohio law requires a distributor to use its best efforts to promote the sale of a company's goods in an exclusivity agreement, which, in itself, qualifies as a consideration for the solvent company and renders the contract valid.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 19, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: fraud, contract
J. Young denies the borrower's motion to dismiss for improper venue. The borrower, accused of failing to make timely loan payments, waived her right to object to the venue when agreeing to the loan. The potential contract breach happened in Virginia despite the borrower living in Maryland, making Virginia the appropriate venue.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: December 19, 2023, Case #: 3:22cv295, NOS: Negotiable Instrument - Contract, Categories: fraud, Venue, contract