1,315 results for 'cat:"Fraud"'.
J. Miller finds that the lower court properly denied the insurer's motion to dismiss fraud claims based on its alleged sale of an unlawful workers' compensation insurance program based on a forum-selection clause. The forum selection clause of an illegal insurance policy is not enforceable, and New York companies cannot be forced to litigate in Nebraska to vindicate their rights. Affirmed.
Court: New York Appellate Divisions, Judge: Miller, Filed On: April 17, 2024, Case #: 02032, Categories: fraud, Insurance, Jurisdiction
J. Polster grants GameStop's motion to dismiss, ruling that because the terms and conditions of the customer's "pro" rewards membership include a mandatory arbitration clause, his claims regarding certain handling charges that could potentially violate the free shipping advertised in the program must be decided via arbitration.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: April 16, 2024, Case #: 5:23cv1970, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, fraud, Class Action
J. Laing finds a lower court properly dismissed a native of Pakistan's motion to remain in the U.K. The native of Pakistan argued that she is entitled to remain in the U.K. However, the home department sufficiently showed in court that she engaged in a "sophisticated and organized series of frauds" over a ten year period, which included money laundering and collecting donations for a bogus "spiritual leadership" group, which helped her amass 54 residential properties. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 16, 2024, Case #: CA-2023-488, Categories: fraud, Government, Immigration
J. Messitte partially denies the marketing company and its owner and director, as well as the financial firm and its owner’s estate suing them, their motions in limine to exclude expert witness testimony in this fraud, conspiracy and defamation suit. The marketing firm’s proposed damages expert should be precluded from testifying regarding mitigation costs, which include legal fees, online reputation cost and childcare cost, but he may testify about lost profits to aid the jury in understanding the financial harm of defamation. The financial firm’s rebuttal expert will be permitted to testify on lost profits and a reduction in seminars held, and the owner’s text messages can be presented because the marketing company failed to identify any evidence to be excluded. The court grants the marketing company director’s motion in limine to forbid any use of or reference to his prior criminal history, as his convictions were 10 years ago and do not concern false statements.
Court: USDC Maryland, Judge: Messitte, Filed On: April 16, 2024, Case #: 8:19cv1312, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Evidence, fraud, Experts
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J. Papillion grants a New York resident’s request for an emergency temporary restraining order against a man she met online, barring him from spending a total of $380,000 she transferred into his private cryptocurrency wallet after he fraudulently represented he was using various websites allegedly owned and operated by Coinbase. She has met all four criteria for the order, which is necessary to prevent the transfer of the New Yorker’s allegedly stolen assets into unidentifiable digital wallets.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 16, 2024, Case #: 2:24cv480, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Restraining Order, Conversion
J. Snyder denies a company's motion to dismiss a business founder's allegations that after acquiring his business, the company violated the put agreement by failing to pay his retention bonus or fund the purchase of his remaining shares. Diversity jurisdiction has been established. The founder has sufficiently alleged his promissory fraud claim. The put agreement does not waive the founder's right to a jury trial. A stay is not warranted, as the arbitration proceedings are limited to employment agreement disputes, while this matter is regarding a put agreement dispute.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv9055, NOS: Other Contract - Contract, Categories: fraud, Jurisdiction, Contract
J. Cradle finds the trial court properly awarded judgment in favor of a vehicle dealership for claims of breach of contract, fraud and Connecticut Unfair Trade Practices Act violations brought by a property management company and its managing member and a family member. The managing member and family friend fails to establish a burden of proof for all claims, failed to cite any case law or make an argument for an amendment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 15, 2024, Case #: AC45867, Categories: Civil Procedure, fraud, Contract
J. Nye denies investors' motions to modify the scheduling order, for leave to amend, to reopen discovery and for reconsideration in a landfill acquisition project investment dispute. The investors' "newly discovered evidence could have easily been discovered at any point prior to or during this litigation." They do not cite unforeseen circumstances that prevented them from seeking the records earlier. The investors do not address their "untimely delay in requesting the records and petitioning this Court for modification, amendment, and reconsideration."
Court: USDC Idaho, Judge: Nye, Filed On: April 15, 2024, Case #: 1:20cv544, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, Discovery
J. Devers dismisses a motorcycle dealer as a party to this suit and affirms the other parties’ claim that the dealer was fraudulently added. A couple bought a motorcycle elsewhere and noticed it was leaking oil, then took it to the dealer for repair. After a successful repair, the couple crashed when part of the braking system failed, killing the wife and causing serious injury to the husband. The other parties argue the husband and his wife’s executrix added the dealer to foil diversity jurisdiction because they could not claim negligence against the dealer. They then tried to remand the suit, but as they are found to have fraudulently added the dealer, and because diversity jurisdiction still exists, the dealer is dismissed and the motion to remand is denied.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 15, 2024, Case #: 5:23cv591, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: fraud, Product Liability, Jurisdiction
[Consolidated.] J. Bright finds the trial court properly dismissed a renewable energy developer’s declaratory and injunctive relief for a lack of standing to assert claims against a competing energy developer and its subsidiary for a construction project. The renewable energy developer alleges the competing energy developer’s bid certification was false but fails to show the fraud, corruption or favoritism that allegedly undermines the bidding process. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC54620, Categories: Construction, Energy, fraud
J. Immergut denies summary judgment to the owner, the ranch and the livestock company for their counterclaim alleging that the cattle company sold 9,900 cattle as part of a partnership, but wrongfully withheld the sales proceeds. There is a genuine dispute as to whether the cattle company improperly kept the cattle sale proceeds from the sale of the partnership cattle.
Court: USDC Oregon, Judge: Immergut, Filed On: April 15, 2024, Case #: 3:22cv768, NOS: Other Contract - Contract, Categories: fraud, Partnerships, Contract
J. Swiney finds the lower court improperly dismissed this matter concerning damages on grounds that it lacked subject matter jurisdiction. Shareholders of a boating company sued a dealership for intentional misrepresentation, fraudulent concealment and promissory fraud, and a jury awarded them $900,000 in damages. The dealership argues the shareholders lack standing as they are not the owners of the real property, rather the boating company is. The instant court finds that the issues of subject matter jurisdiction and standing were not raised by the dealership until a hearing for post-trial motions, therefore they are waived. Reversed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 12, 2024, Case #: E2023-00324-COA-R3-CV, Categories: fraud, Damages, Jurisdiction
J. Griggsby grants, in part, a bakery company’s motion to dismiss a fraud lawsuit brought a class of consumers alleging violations of the Food, Drug and Cosmetic Act and the Maryland Consumer Protection Act. The class alleges that the “All Butter” cake has artificial butter and not real butter, as the label suggests. The bakery argues that reasonable consumers would need additional information to determine whether “All Butter” referred to the ingredients or the flavor, and could find this information on the ingredients list. The remaining state law claims are preempted by FDCA and the consumer failed to state a plausible express warranty or consumer protection claim in the complaint.
Court: USDC Maryland, Judge: Griggsby, Filed On: April 12, 2024, Case #: 1:23cv522, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, Class Action
J. O'Connell denies the contractor's motion for judgment on the pleadings. Contracted to furnish and deliver food in Afghanistan, the contractor was paid with some flexibility in its unit pricing. The contractor later disclosed a former employee had engaged in bid rigging, which resulted in higher prices. Though the contractor says the government's bringing of another supplier into the contract results in its having no right to recover funds, this did not give the contractor a right to charge more because of its corrupt employee. The contractor had a duty to comply with the law and the contract.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell , Filed On: April 12, 2024, Case #: 60309, Categories: fraud, Government, Contract
J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: Evidence, Family Law, fraud
J. Dorsey denies the Russian car dealer's motion for a preliminary injunction seeking to have his bank account unfrozen. The dealer's appearance at a dealer show was canceled, his cars were transferred to California and his bank account was frozen after the company stopped manufacturing cars when Russia invaded Ukraine. The dealer does not satisfy any standard for injunction. His motion just states the company president's reasons for freezing the account are false, says the account should not have been frozen, and states without evidence the president's actions have damaged the company.
Court: USDC Nevada, Judge: Dorsey , Filed On: April 11, 2024, Case #: 2:22cv1774, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Jurisdiction, Contract
J. Allen sets aside the Board of Veterans Appeals decision denying the service-voided veteran's request for benefits. The veteran's service was voided after his enlistment on grounds he lied about his criminal record. Though voided service is generally equivalent to a dishonorable discharge, the board potentially applied the incorrect legal framework with unclear analysis. The board must clarify whether regulation involving dishonorable discharge or voided service specifically applies.
Court: Court Of Appeals For Veterans Claims, Judge: Allen , Filed On: April 11, 2024, Case #: 21-6977, Categories: fraud, Veterans, Military
[Consolidated]. J. Loken finds a lower court properly removed a Nigerian citizen back to Nigeria for defrauding insurance companies by setting up bogus car crashes in order to collect insurance payouts. The citizen of Nigeria, who pleaded guilty to mail fraud, argued that he was entitled to remain in the U.S. based on a letter submitted to the court by an attorney, even though the letter was supposed to be written by an actual law firm. However, the government sufficiently showed in court that he is removable based on his breach of the plea agreement. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: April 10, 2024, Case #: 22-3235, Categories: Evidence, fraud, Immigration
J. Kelly dismisses the insurer's interlocutory appeal of the lower court's partial denial of its motion to dismiss a consumer fraud class action. The consumers claim the insurer engaged in unfair business practices by reducing the actual cash value of totaled cars by a "typical negotiation" deduction, which is not defined in the policy. However, the court lacks jurisdiction to hear this appeal because the lower court's decision rests on its interpretation of state law, not on the Federal Arbitration Act.
Court: 8th Circuit, Judge: Kelly, Filed On: April 10, 2024, Case #: 23-1516, Categories: fraud, Insurance, Class Action
J. Dever grants a hospice care company’s motion to dismiss False Claims Act (FCA) allegations brought by a former home hospice case manager. The manager claims the company committed Medicare fraud by falsely reporting hospice patients’ medical conditions in order to recertify them. However, as this is a qui tam claim and other managers already initiated similar actions previously, the FCA’s first-to-file rule applies and the manager’s suit is barred.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 10, 2024, Case #: 7:20cv90, NOS: False Claims Act - Torts - Personal Injury, Categories: fraud, Health Care, Medicare
J. Friedland vacates six defendants’ convictions for mail fraud and conspiracy to commit mail fraud arising from defendants’ sales companies’ tactics in selling printer toner. While "not just any lie that secures a sale constitutes fraud; the lie must instead go to the nature of the bargain." The government’s theory of fraud in this case was overbroad because it did not require the jury to find that defendants deceived customers about the nature of the bargain.
Court: 9th Circuit, Judge: Friedland, Filed On: April 9, 2024, Case #: 21-50162, Categories: fraud
J. Dever grants in part a ticket booking firm’s motion to dismiss allegations of breach of contract and fraudulent inducement, among others, brought by the organizer of the Voices of America Country Music Festival. The organizer claims that the firm created over 5,000 duplicate tickets and over 1,800 duplicate parking passes, valued at over $1.4 million total. This is a clear breach of contract, but the firm presents sufficient evidence that its errors were unintentional, so all other claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv676, NOS: Other Contract - Contract, Categories: fraud, Trade, Contract
J. Albregts denies both parties’ motions for summary judgment. The purchaser sues for unjust enrichment, breach of fiduciary duty, legal malpractice’ and fraud regarding an allegedly fraudulent real estate investment scheme. The seller represented herself as a realtor and was retained by the purchaser to purchase various Nevada properties under his name and to rent out and manage those properties for his benefit. The alleged realtor forged deeds and transferred legal title of the properties to and from entities she controlled, leaving the purchaser with one of 24 properties for which he has not received his investment money back. According to the evidence shown, multiple questions of material fact must be decided at trial.
Court: USDC Nevada, Judge: Albregts, Filed On: April 9, 2024, Case #: 2:20cv1683, NOS: Other Contract - Contract, Categories: fraud, Real Estate, Legal Malpractice