320 results for 'cat:"Fraud" AND cat:"Contract"'.
[Consolidated] J. O'Connell grants the Defense Logistics Agency's motion for summary judgment on these consolidated food service contract disputes. The vendor agreed to forfeiture, fines, and restitution totaling $250 million, plus a reconciliation of more than $38 million according to its guilty plea in another matter involving fraud against the U.S. When the agency acquired a known right upon the guilty plea, its assertion of the prior material breach defense did not result in the waiver or forfeiture of its later arising claims.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell, Filed On: November 8, 2023, Case #: 58958, Categories: fraud, Government, contract
J. Chesler dismisses certain claims and counterclaims contending a company failed to pay for warehousing services and that the manufacturer did not release warehoused merchandise after the contract was terminated because the escrow agent is not a proper defendant; the company failed to prove the initial inventory report was inaccurate; and fraudulent inducement allegations are inapplicable.
Court: USDC New Jersey, Judge: Chesler , Filed On: November 7, 2023, Case #: 2:23cv1759, NOS: Other Contract - Contract, Categories: fraud, contract
J. Dever denies a recreational and competitive flag football organization its claims of fraud, breach of contract and deceptive trade practices against the former owner of a similar enterprise. The organization bought the enterprise from the owner with the agreement he would not compete with it for at least five years. As part of the contract, the organization hired the former owner, but he resigned after just under two years and began to compete. However, under state law, the agreement must still be intact to enforce it, and since the owner resigned, he is no longer subject to it.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 3, 2023, Case #: 5:23cv172, NOS: Other Contract - Contract, Categories: fraud, Trade, contract
J. Brown declines to dismiss fraud claims stemming from a dispute over the "trade" of a motorhome and a boat. The parties agreed to sell each other the motor home and boat at factory dealer costs so that neither party was making a sales profit on the transaction. The boat purchaser sufficiently alleges that the boat seller fabricated invoices to inflate the factory dealer cost of the boat so that they could make a profit.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: November 2, 2023, Case #: 2:21cv516, NOS: Other Contract - Contract, Categories: fraud, contract
J. Stinnett finds for a medical practice in breach of employment contract claims, as while the medical practice made false statements regarding the contract, the employee was privy to contradictory information. However, other fraudulent misrepresentation and contract claims may continue because evidence remains in dispute as to whether fraud occurred while forming the contractual relationship.
Court: USDC Eastern District of Kentucky, Judge: Stinnett, Filed On: November 2, 2023, Case #: 5:21cv7, NOS: Other Contract - Contract, Categories: Employment, fraud, contract
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J. Smith finds that the trial court properly ruled in favor of the home sellers in a suit brought by the purchaser over alleged undisclosed defects. The purchaser did not prove the fraudulent inducement exception regarding the "as is" clause in the contract. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 2, 2023, Case #: 10-23-00134-CV, Categories: fraud, contract
J. Hodges finds that the trial court improperly granted Costco's motion to dismiss claims for fraud, negligent misrepresentation, breach of contract and conversion raised by the inventor alleging that Costco reneged on an agreement to pay him for implementing a meat inventory management system at Costco's warehouses. The trial court should have ordered the inventor to plead a more definite statement of the fraud claims rather than ordering dismissal. It is also possible that evidence gained through discovery could support the conversion claim. However, the trial court correctly granted the motion to dismiss as to the inventor's quantum meruit claim since the inventor acknowledged he failed to properly state the claim. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 26, 2023, Case #: A23A1055, Categories: fraud, Conversion, contract
J. Campbell grants a bank's motion for summary judgment on contract claims brought by a consumer who argued that it failed to safeguard his checking account from a third- party scammer. The bank sufficiently showed in court that it is not obligated to protect his account from fraudulent activity after the consumer failed to show that the reversal transactions were facilitated by an automated system.
Court: USDC Arizona, Judge: Campbell, Filed On: October 25, 2023, Case #: 2:21cv2220, NOS: Other Civil Rights - Civil Rights, Categories: fraud, Banking / Lending, contract
J. Hodges finds that the trial court improperly allowed the borrower to dispute liability as to a number of claims after his default in a racketeering, fraud and breach of contract suit brought by the lender. The trial court incorrectly found that the borrower could refute the lender's right to recovery for fraud and a civil RICO violation despite the borrower's default admissions. The lender sufficiently alleged that he justifiably relied on the borrowers' misrepresentations when he loaned them money for a bogus business deal. The borrower admitted through his default that he conspired with the other borrower to commit theft by deception and to borrow the money without any intention of paying the lender back. The trial court incorrectly used inapplicable federal law to support the ruling that the lender's allegations do not establish a violation of Georgia's civil RICO law. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 24, 2023, Case #: A23A0836, Categories: fraud, contract, Racketeering
J. Flanagan grants Freddie Mac and two other mortgage providers’ motion to dismiss a homeowner’s claims that the providers induced her to make fraudulent payments on an alleged mortgage modification. Her motion for remand on the federal RESPA claim is denied because this court has original jurisdiction. Under her state RESPA claim that the providers requested the wrong escrow amount in her mortgage payments, she cannot proceed because under the provision she specifies, she has no private right of action.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 17, 2023, Case #: 2:23cv31, NOS: Other Contract - Contract, Categories: fraud, Banking / Lending, contract
J. Watkins finds that the trial court properly ruled partially in favor of the law firm and attorney in a breach of contract and fraud action brought by the lawyer arising from an attorney fee-sharing agreement between the parties. The trial court correctly found in favor of the attorney on the lawyer's fraud and punitive damages claims because the attorney's act in giving the lawyer two-thirds of the attorney fees from a settlement meant the lawyer could not show a present intent not to perform at the time of the signing to the contract. A genuine question of fact exists as to whether the lawyer continued working on the case or was terminated or otherwise withdrew from representation. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 16, 2023, Case #: A23A0835, Categories: fraud, Attorney Fees, contract
J. Robart denies the motion of Dave Ramsey, a nationally-syndicated radio talk show host, to strike the customers' class allegations that Ramsey and others promoted Reed Hein & Associates to induce them to buy timeshares with the false promise of complete refunds upon termination of the contracts. This case is still in its earliest stages with unresolved issues, such as the court not yet issuing a scheduling order for discovery and class certification.
Court: USDC Western District of Washington, Judge: Robart, Filed On: October 12, 2023, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Class Action, contract
[Consolidated] J. Miller finds the trial court erred in its decision against the daughter in a dispute between her mother and other family, a bank, lenders and mortgage assignees over ownership interest, title to and control of three properties in light of the daughter's father's death. In part because the relevant Florida law involving lis pendens does not apply to the claims of ownership the daughter pursued based on recorded deeds and other "duly written instruments," and because there are factual disputes about whether deeds recorded later were fraudulent, the trial court's summary judgment order against the daughter is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: October 11, 2023, Case #: 22-2136, Categories: fraud, Property, contract
J. Edison dismisses an individual's pro se interpleader action against a mortgage company and others. He fails to state a claim for wrongful foreclosure, embezzlement, fraud and unjust enrichment.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: October 10, 2023, Case #: 3:23cv135, NOS: Other Statutory Actions - Other Suits, Categories: fraud, Banking / Lending, contract
J. Snowden finds a lower court properly ruled in favor of an investor on fraudulent misrepresentation claims against a rapid Covid-19 manufacturer. The Covid-19 testing manufacturer argued that it properly solicited millions in funding from the investor, and that one of its customers was the Department of Health and Social Care. However, the investor sufficiently showed in court that the manufacturer engaged in unlawful means by boosting product sales and revenues. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Snowden, Filed On: October 9, 2023, Case #: CA-2023-707, Categories: fraud, Covid-19, contract
J. Ecker finds the trial court properly ruled in favor of the home health care company on claims of tortious interference with a contract against its competitor. Statements made by the competitor's executive during litigation against a state agency regarding implementation of a new billing system were verifiably false and allowed the competitor to poach more than 80 clients when the home health care company's contract was terminated by the agency. Repeated statements from an executive that his company did not plan to implement the new billing system and would not poach clients also allowed the home health care company to prove damages in excess of $118,000 based on lost clients. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: October 6, 2023, Case #: SC20642, Categories: fraud, Health Care, Interference With contract
J. Goodwin grants the home loan financing company’s motion for judgment on the pleadings in a Mingo County homeowner’s suit claiming the company financed the deceptive sale of a solar panel system that was not properly installed and provided him no benefit. Absent some details on how it shared in the profits with the now-defunct contractor that installed the solar panels on the home, the court finds the company did not conspire with its partners to conceal the terms of their agreements and could not foresee any potential misconduct by the contractor.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: October 3, 2023, Case #: 2:23cv84, NOS: Other Contract - Contract, Categories: Energy, fraud, contract
J. Wright denies a made-to-measure clothing franchisor's motions to alter or amend the judgment after the court awarded rescission and punitive damages to a franchisee in a contract dispute. The franchisee alleged fraudulent misrepresentation and breach of contract, and filed suit to confirm rescission of the franchise agreement. The franchisor was sanctioned for discovery misconduct during the proceedings, and its counsel withdrew, leading the court to grant default judgment to the franchisee and awarded rescission. The judgment is not erroneous and does not violate due process.
Court: USDC Central District of California, Judge: Wright, Filed On: October 3, 2023, Case #: 2:19cv9090, NOS: Franchise - Contract, Categories: fraud, contract
J. Pallmeyer denies the defendant tech startup’s motion to dismiss fraud, conversion, unjust enrichment and breach of settlement claims brought by a group of investors. The investors invested over $600,000 in the startup’s plan for a platform to verify NFTs, only for the plan to fall through. Though the startup offered to recoup the investors’ losses, it never followed through on that either. The court finds the startup has offered no compelling arguments for dismissal, but nonetheless urges the parties to seek a settlement.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: October 2, 2023, Case #: 1:22cv6852, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Conversion, contract
J. Tunheim amends a previous order partially granting competing motions for summary judgment in a suit alleging that the sellers of several companies proceeded to steal those companies, and their customers, back from the purchaser along with employees and customers. An arbitrator's findings of fact are not preclusive, and summary judgment is granted to the sellers as to a breach-of-contract claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: October 2, 2023, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: fraud, contract
J. Boulware grants the female romantic partner’s motion for default judgment in this fraudulent misrepresentation case arising from the male partner’s unwillingness to commit more time to the relationship. When the male partner expressed concern about losing money from not working, he stated he would hire the woman to work for his company. She then allegedly agreed to travel from Nevada to Dubai to meet the man at his request. No such employment existed, and the female has submitted credible evidence as to the items that the jewelry appraiser could use in his appraisal of gifts she received. Other evidence proves that there was a loss of income due to the female partner’s travels.
Court: USDC Nevada, Judge: Boulware, Filed On: September 30, 2023, Case #: 2:14cv979, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, fraud, contract
J. Mannion allows plaintiffs to continue contract claims against Kia, which, along with Nissan and Hyundai, is accused of failing to provide services purchased under now-defunct dealers' "set for life program" because plaintiffs established Kia was aware of and approved ad campaigns promising to cover all routine maintenance for one lump sum, including oil changes and tune ups, and thus may have a duty to honor the contracts. However, fraud and unfair business practices claims should be dismissed as duplicative.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: September 29, 2023, Case #: 3:20cv1838, NOS: Other Contract - Contract, Categories: fraud, Warranty, contract
J. Broomes rules a community information services may pursue unjust enrichment and fraud claims concerning customer agreement violations against a subscriber. The service sufficiently showed that the subscriber violated the parties' agreement by reselling community information to third parties without permission.
Court: USDC Kansas, Judge: Broomes, Filed On: September 29, 2023, Case #: 2:23cv2260, NOS: Other Contract - Contract, Categories: fraud, contract