6 results for 'cat:"Fraud" AND cat:"Contract" AND cat:"Racketeering"'.
J. Kobes finds a lower court properly granted summary judgment in favor of a Canadian investment management firm on claims of fraudulent inducement brought by grocery store owner-operators. The owner- operators argued that the investment management firm strong armed them into signing releases based on false representation. However, the investment management firm presented sufficient evidence in court that it never solicited or forced the owner- operators to sign releases, even though they knew the risks of opening new stores, and that they did not use ordinary diligence by failing to investigate the company's history. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: May 8, 2024, Case #: 23-1786, Categories: fraud, contract, racketeering
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. 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. Dorsey finds in favor of the Ultimate Fighting Championship in fighter Mark Hunt's lawsuit alleging that the UFC booked him in a fight against Brock Lesnar despite knowing that Lesnar was using performance-enhancing drugs. Hunt fails to provide evidence to show that the UFC intentionally encouraged Lesnar to use prohibited substances or that it knew he was using performance-enhancing drugs. "Each of Hunt's fraud theories requires far too many inferential leaps and ignores too much contrary evidence for a reasonable jury to find in his favor."
Court: USDC Nevada, Judge: Dorsey , Filed On: September 26, 2023, Case #: 2:17cv85, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, contract, racketeering
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rubin partially grants a group of firms involved in manufacturing and procuring face masks their motion to dismiss allegations of RICO violations and fraud brought by a marketing company. The company agreed to purchase a large number of masks, but the masks the group provided did not meet FDA approval as promised. The RICO claims are dismissed as the company was unable to establish a long-term intentionally criminal scheme. However, the company has plausibly alleged fraud against all the firms because of their deception when they sold the insufficient masks to the company while claiming the masks were FDA-approved.
Court: USDC Maryland, Judge: Rubin, Filed On: September 6, 2023, Case #: 1:21cv1472, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, contract, racketeering