12 results for 'cat:"Civil Procedure" AND cat:"Fraud" AND cat:"Contract"'.
Per curiam, the appellate division finds that the lower court improperly consolidated the creditor's 2016 breach of contract action against the borrower with its 2022 fraudulent conveyance action. It is inappropriate to consolidate a lawsuit sounding in contract with one sounding in tort, and the fraudulent conveyance claim will be moot if the creditor fails to win the breach of contract action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02086, Categories: civil Procedure, fraud, 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. 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
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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
Vice Chancellor Glasscock declines to dismiss contract claims challenging a complex scheme to monetize illiquid assets. Due to the multiple contracts at issue, it is impossible to determine intent or rights under the agreements at the pleading stage. However, fraud and promissory estoppel claims counts should be dismissed for failure to state a claim.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: August 29, 2023, Case #: 2022-0167-SG, Categories: civil Procedure, fraud, contract
J. Summerhays denies a request by the former CEO of a hospice center to dismiss fraud claims by its insurance company, finding the insurer has alleged sufficient facts to support allegations that the top executive defrauded his employer over a four-year period by using his corporate American Express credit card to charge more than $500,000 worth of personal expenditures to and engaged in a variety of fraudulent activities to conceal his wrongdoing.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: August 1, 2023, Case #: 6:22cv690, NOS: Insurance - Contract, Categories: civil Procedure, fraud, contract