320 results for 'cat:"Fraud" AND cat:"Contract"'.
J. Tufte finds that the district court improperly dismissed causes of action for declaratory judgment, injunctive relief, breach of contract and tortious interference in a matter involving multiple parcels of real property in McIntosh County, North Dakota. The district court misapplied the law by applying the statute of frauds when the statute of frauds was not specifically pled. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 15, 2023, Case #: 2023ND234, Categories: fraud, Property, contract
J. Soto finds a lower court ruled correctly in favor of a seller in a convoluted real estate dispute. The seller, who was ordered to pay back the buyer for a property sale after it became clear that she was not in fact the owner of the property in question, has already provided “legally and factually sufficient evidence” that both she and buyer held the “mistaken belief” that she owned the property, whereas the buyer has not provided adequate evidence of fraud. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: December 15, 2023, Case #: 08-23-00165-CV, Categories: fraud, Real Estate, contract
J. Harris finds the trial court improperly found the claimed owner of an option to buy certain property was legally assigned the option from the owner. Other entities claiming to the option say the assignment was an invalid, fraudulent transfer and they own the option after purchasing it in an execution sale from a previous owner. The trial court’s fraudulent transfer analysis contained legal errors and an erroneous subsidiary factual finding regarding the previous owner's intent to hinder, delay or defraud its creditor. Vacated.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20220892-CA, Categories: fraud, Property, contract
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J. Johnson finds the trial court properly rendered judgment in favor of the purchasers of the home health care business. The purchasers filed suit against the seller alleging various breach of contract and fraud claims after discovering the company's financial condition was not what the seller had represented. All evidence is sufficient to support the fraud and breach of contract claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 14, 2023, Case #: 09-21-00391-CV, Categories: fraud, Business Expectancy, contract
J. Scales finds the trial court properly dismissed the software company's third-party claims against a co-owner of the digital marketing firm seeking to pierce the corporate veil and alleging fraudulent inducement and negligent misrepresentation. There is insufficient evidence in the company's allegations to pierce the veil and hold the co-owner personally liable for the firm's alleged breach of contract, and the trial court made no error in dismissing the company's claims with prejudice and offering no leave to amend because the litigation had already been underway for six years. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: December 13, 2023, Case #: 22-2138, Categories: fraud, contract
J. Pepper denies without prejudice the consumer's motion for contempt against a non-party cryptocurrency exchange platform in his lawsuit against three unknown individuals he claims scammed him in a cryptocurrency scheme, in part because he has not properly served the platform with a subpoena. The consumer's motions for leave to issue additional discovery and for an extension of time to serve the individuals are granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: December 13, 2023, Case #: 2:22cv982, NOS: Other Contract - Contract, Categories: Contempt, fraud, contract
J. Hall finds a mother and father not liable for their son’s unpaid rent or the costs in damages to a condominium property and dismisses the landlord’s breach of contract and aiding and abetting claims stemming from two lease agreements. The landlord fails to allege the parents were parties to either lease agreement or were under any obligation to correct any misrepresentation the son may have made in furtherance of any alleged fraud.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: December 11, 2023, Case #: 1:22cv3504, NOS: Other Contract - Contract, Categories: fraud, Landlord Tenant, contract
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. King dismisses the freight forwarding service's lawsuit accusing its former employee of fraudulently submitting invoices for services rendered to the freight forwarding service's Mexican branch by a company in which the former employee holds shares. The freight forwarding service exceeded the scope of its leave to amend its complaint by adding new claims for contract and quasi-contract while reusing old and uncompelling facts from its previous amendments.
Court: USDC Western District of Washington, Judge: King, Filed On: December 6, 2023, Case #: 2:20cv349, NOS: Other Contract - Contract, Categories: fraud, contract
J. Cronan grants an insurer's motion for additional discovery in a coverage dispute over damage to the condo association's property purportedly caused by Hurricane Sally in 2020. The insurer has adequately alleged that the association was already in the process of replacing its elevators and roofs before the storm, but then attempted to get insurance coverage by claiming that the storm damaged them. Additional discovery is necessary to see if the association's claim was indeed fraudulent, and the association will not be prejudiced thereby.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: December 1, 2023, Case #: 1:22cv3165, NOS: Insurance - Contract, Categories: fraud, Discovery, contract
J. Kendall partially grants Walgreen’s motion to dismiss fraudulent inducement and contract breach claims brought by an electronic accessories company. The accessories company claims it paid Walgreen's to place its products in “premium” locations of Walgreen’s stores, but underlying contract disputes sullied the arrangement. The court mostly allows the accessory company’s contract claims to go forward, only dismissing a portion of one claim dealing with Walgreen’s alleged failure to pay for “sold and delivered” goods.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: November 30, 2023, Case #: 1:23cv303, NOS: Other Contract - Contract, Categories: fraud, Interference With contract, contract
J. Jewell finds that the trial court properly ruled in favor of the buyer of a property who alleged the purported owner took his money without having unencumbered title to the property. The buyer's "deemed admissions" regarding his non-compliance with the contract did not preclude his recovery on the deceptive trade practices and Property Code claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 30, 2023, Case #: 14-22-00221-CV, Categories: fraud, Real Estate, contract
J. Kendall denies a freight company’s motion to compel arbitration in a fraud and wage theft case brought by former drivers, and partially grants its motion to dismiss the case. The drivers, when contracting with the freight company, were paid based on the gross revenue of the shipments they transported. They claim the company deliberately underreported the gross revenues in order to underpay them. The court finds the drivers are not contractually bound to submit their claims for arbitration, but also finds that they have not suitably alleged their state-level fraud claims. The claims relating to truth-in-leasing, wage underpayment and breach of contract all survive.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: November 22, 2023, Case #: 1:22cv5690, NOS: Other Statutory Actions - Other Suits, Categories: fraud, contract, Labor
J. Frimpong denies in part a comic book co-creator and writer's motion for summary judgment regarding a colorist's allegations of copyright infringement. The colorist alleges that he is a co-writer of the comic book "Invincible," that he owns a portion of the copyright, and that he is owed royalties on derivative works based on "Invincible." The statute of limitations bars the colorist's copyright and fraud claims, but a factual dispute exists regarding the initial agreement and the colorist's compensation. Neither the breach of contract claim nor the claims for declaratory relief as to the Certificate of Authorship are time-barred. The colorist "seeks either to invalidate the Certificate of Authorship on the basis that it lacked consideration or to clarify the meaning and scope of the Certificate of Authorship and oral contract."
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 22, 2023, Case #: 2:22cv180, NOS: Copyrights - Property Rights, Categories: Copyright, fraud, contract
J. Garcia denies, in part, the automated emulsion equipment manufacturer's motion to dismiss counterclaims filed by the client, ruling the contract claim has merit based on its failure to deliver all of the equipment specified in the parties' amended purchase agreement. Additionally, the breach of good faith and fair dealing claim will proceed based on evidence the manufacturer repeatedly claimed it had completed all of the installation work specified in the contract even though it knew those statements were false.
Court: USDC New Mexico, Judge: Garcia, Filed On: November 22, 2023, Case #: 1:21cv1212, NOS: Other Contract - Contract, Categories: Construction, fraud, contract
J. Cogburn partially grants summary judgment to a sustainable infrastructure firm following allegations of trade law violations, fraud and breach of contract brought by a shareholder. The firm acquired the shareholder’s Hazmat company and bought 90% of his stock in said company. The company fired the shareholder, then he and the company filed competing suits. This resulted in a settlement agreement in which the shareholder released the firm from any future claims regarding agreements except for continuing violations of two promissory notes the firm made for an as-yet unpaid portion of the stocks purchase. The shareholder fails to show evidence of violations of trade law and fraud, but his claim of breach of contract as related to the promissory notes survives.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: fraud, Trade, contract
J. Flanagan partially denies a property development firm’s former accountant’s motion to dismiss allegations of conversion, fraud and breach of contract brought by the firm. The firm correctly argues fraud because the accountant falsely told a member of the firm that to get tax benefits, he would need to share ownership of the firm with the accountant. Thus, they created the firm as a 50-50 partnership. Then, the accountant fraudulently acquired a home on behalf of the member without his knowledge for almost $1 million. The accountant quit the firm and refuses to return the property to the firm. The firm’s claim that the accountant breached his fiduciary duty while acting as the firm’s agent and member will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 21, 2023, Case #: 7:23cv1062, NOS: All Other Real Property - Real Property, Categories: fraud, Real Estate, contract
J. Belsome finds that the trial court should not have granted a notary's exception of peremption on a wife's claim that the notary improperly authenticated her signature on a document requesting a lump sum payment of retirement benefits payable to her husband. The wife's pleadings sufficiently allege that notarizing a document for an absent signatory constitutes fraud. Reversed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: November 16, 2023, Case #: 2023-CA-0161, Categories: fraud, contract
J. Mullen grants Mercedes-Benz Financial Services' default judgment on its counterclaims against a car buyer for failure to make payment on a car he purchased, claiming a case of identity theft. The police report the buyer presented regarding his identity was found to be fraudulent, and it has been established that he did in fact sign a contract to purchase the vehicle and never made a payment. Mercedes-Benz repossessed the car and now the buyer owes it over $27,000 in car payments and legal fees.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: November 16, 2023, Case #: 3:22cv345, NOS: Consumer Credit - Other Suits, Categories: fraud, Attorney Fees, contract
J. Lin denies the custom broker summary judgment for the fraudulent concealment claim of the shipping company's lawsuit alleging that the customs broker's incorrect information to the Food and Drug Administration caused the U.S. Customs and Border Protection to destroy four containers of the shipping company's alcohol wipes shipment. The shipping company's affirmative motion sufficiently alleges that the custom broker did not fulfill a duty to disclose the information it allegedly had regarding the FDA's hold and ultimate refusal of the four containers that are subject to this lawsuit.
Court: USDC Western District of Washington, Judge: Lin, Filed On: November 15, 2023, Case #: 2:21cv1015, NOS: Other Contract - Contract, Categories: fraud, contract
J. Reed finds a lower court properly ruled in favor of a borrower on a lender's contract claims. The lender argued that the borrower breached a credit agreement by failing to make payments on a loan. However, the borrower presented sufficient evidence in court that the predatory lender intentionally applied and concealed exorbitant fees to her loan agreement.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: November 15, 2023, Case #: 2023UKSC41, Categories: fraud, Banking / Lending, contract
Vice Chancellor Zurn allows several claims to proceed to trial in a dispute over a stock purchase and aviation-related joint venture that turned sour due to a conflicting side venture because a claim for relief had been stated on all but the main claim of fraudulent inducement.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: November 13, 2023, Case #: 2022-0652-MTZ, Categories: fraud, contract
J. Patton finds the trial court properly refused to appoint a receiver for the borrowing company and allowed it to proceed without counsel at the time litigation was initiated by the lender. The company was an empty shell with no assets, which allowed the case to go forward solely against the owner. Furthermore, the trial court properly granted the borrower's motion for summary judgment, as the individual lender was not listed as a creditor of the owner and no evidence supported his claim of fraudulent transfer to a new corporate entity. Affirmed.
Court: Ohio Court Of Appeals, Judge: Patton, Filed On: November 13, 2023, Case #: 2023-Ohio-4096, Categories: fraud, contract