35 results for 'cat:"Fraud" AND cat:"Damages"'.
J. Whitney grants a motion to approve the consent judgment between the SEC and an agent who is hereby restrained from acting as an investment adviser, and who must pay $350,000 in fees and disgorgement in three installments.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 29, 2024, Case #: 3:22cv246, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, damages
J. Wecht finds that the superior court improperly affirmed the trial court’s decision to not award certain damages in this suit wherein a couple alleges they were fraudulently induced to purchase life insurance from a financial company. Treble damages under the Consumer Protection Law are available to the the couple in this case. Reversed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: April 25, 2024, Case #: J-59-2023, Categories: fraud, Insurance, damages
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. Garaufis finds two individuals liable on breach of contract claims for their failure to pay the principal or interest on a $2 million loan and awards the litigants the same amount in damages. The defendants fail to present any material evidence that would suggest they were fraudulently induced into signing the loan notes. The court directs the parties to recalculate how much the litigants are entitled to in unpaid and pre-judgment interest.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: March 18, 2024, Case #: 1:18cv7303, NOS: Negotiable Instrument - Contract, Categories: fraud, damages, Contract
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J. Goree finds the county court properly dismissed the former labor commissioner candidate's RICO counterclaim. The consulting firm says the candidate committed slander and invasion of privacy with a press release suggesting it sought to discredit him, while his counterclaim alleged extortion, wire fraud and mail fraud. The object of allegedly fraudulent mailers and TV ads was to influence voters, not to deprive the candidate of money or property. Pleadings involving mail and wire fraud are insufficient, while there is also no pattern of racketeering. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Goree , Filed On: February 1, 2024, Case #: 121445, Categories: Elections, fraud, damages
J. Alley finds a lower court partially erred in determining damages in a divorce case in which an expert for the ex-wife testified about alleged financial fraud committed by her ex-husband. While the ex-husband did not ultimately overcome the fraud claims in general, the lower court erred in including awards based on financial transactions which were ultimately accounted for — and which even the expert ultimately determined were not fraudulent. Reversed in part and remanded.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 30, 2024, Case #: 08-23-00016-CV, Categories: Family Law, fraud, damages
J. Gruender finds a lower court properly dismissed a freight service's challenge to a post- trial order concerning contract claims brought by a components manufacturer. The freight service argued that it properly charged the components manufacturer a fee for delivery services. However, the components manufacturer sufficiently showed in court that the freight service's base rate was a "much higher 'rounder' rate." Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 25, 2024, Case #: 23-1379, Categories: fraud, damages, Contract
J. Freudenberg finds the trial court improperly entered summary judgment against the Nebraska legislature candidate who sued Nebraska's Republican party for libel for its having sent mailers claiming she had been disciplined as a real estate agent and lost her license. Though the trial court found the mailers to be false, no malice was found. Texts presented by the candidate suggesting the party knew the statements were false are sufficient to find potential actual malice. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: January 12, 2024, Case #: S-22-967, Categories: Elections, fraud, damages
J. Kirsch finds that the lower court properly denied the contractor's motion for a new trial after it was found liable for defrauding two homeowners, whom a jury awarded $905,000 in damages. The jury instructions did not improperly instruct the jury that the contractor intended from the outset to punish the homeowners for not completing the contract. Further, the damages award is reasonable because the contractor's actions caused the homeowners not to receive a return of their down payment of $117,000 for five years. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: January 8, 2024, Case #: 22-2267, Categories: Construction, fraud, damages
J. Webb finds the circuit court improperly awarded damages to the homebuyer in connection with drainage and mold issues following a real estate deal. The circuit court awarded the damages based on a breach of contract, but the buyer alleged only fraud and deceit, not breach of contract. Vacated.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: December 21, 2023, Case #: CV-20-265, Categories: fraud, Property, damages
J. Robb finds the trial court erroneously limited the damages awarded to the founding partner for overpayments to the physician. The 4-year statute of limitations did not apply to the physician's salary after the parties stipulated to recordkeeping documents submitted to the court and analyzed by their respective expert witnesses. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: October 27, 2023, Case #: 2023-Ohio-3908, Categories: fraud, damages, Conversion
J. Dillard finds that the trial court properly denied the company's and company owner's motion to open a default judgment entered against them in a fraud, conversion and breach of contract action brought by the individual seeking constructive trust, an equitable lien and an equitable accounting. The individual alleged that the company did not repay him after failing to invest his money in a luxury van business or provide him with credit monitoring services. The trial court also correctly denied the company's and company owner's demand for a jury trial on damages because they did not file a pleading placing damages in issue. However, the trial court incorrectly awarded attorney fees and litigation expenses. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 20, 2023, Case #: A23A0934, Categories: fraud, damages, Conversion
J. Vatti denies, in part, the automotive store's request for damages, ruling the alteration of inventory records by the former employee does not constitute misappropriation of trade secrets under federal law and prevents any damages on that count. Although the overpayments for used vehicles were supported by evidence in the record, the requested damages must be reduced by the previously agreed upon settlement amounts and results in a total award of over $885,000 in compensatory damages.
Court: USDC Connecticut, Judge: Vatti, Filed On: October 17, 2023, Case #: 3:19cv1345, NOS: Other Statutory Actions - Other Suits, Categories: fraud, Trade Secrets, damages
J. Carter awards $4.4 million to the plaintiff company, which represents the difference between the value of the company it purchased as warranted by the seller, and its true value at the time of the transaction. The purchaser isolated the effects of the misrepresentations and applied the purchase price multiple to arrive at a calculation directly tied to the information concealed by the seller.
Court: USDC Southern District of New York, Judge: Carter, Filed On: October 13, 2023, Case #: 1:15cv4428, NOS: Other Contract - Contract, Categories: fraud, damages
J. Gutierrez partially grants the higher education institutions' motion for default judgment for their complaint alleging that the employees used their access to the institutions' trade secrets and confidential information to induce their clinical partners to use a competitor's services. The institutions seek $808,600 in compensatory damages under their misappropriation of trade secrets and fraud claims, but they do not have sufficient evidence to prove associated compensatory damages due to untraceable calculations, so they receive $681,000 in compensatory damages.
Court: USDC Central District of California, Judge: Gutierrez, Filed On: October 6, 2023, Case #: 2:21cv698, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Trade Secrets, damages
J. Rakoff finds the manager liable for leading a scheme to defraud small businesses via financing arrangement called a "merchant cash advance" agreement, including threatening business owners with violence if they did not repay the loans. However, further litigation is needed to determine the correct sum of compensatory damages and civil penalties.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: September 27, 2023, Case #: 1:20cv4432, NOS: Other Statutory Actions - Other Suits, Categories: fraud, damages, Banking / Lending
J. Bryant grants the insurers' motion for summary judgment, ruling the undisputed evidence in the record proves the construction company failed to provide any justification for the 49 payments made on fraudulent bond claims, which entitles the insurers to more than $2.9 million in treble damages on the civil theft claim.
Court: USDC Connecticut, Judge: Bryant, Filed On: September 22, 2023, Case #: 3:21cv58, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Insurance, damages
J. Cole grants, in part, the seller's motion for summary judgment, ruling the buyer owes it more than $13,000 under the contract's post-closing adjustment holdback provision, which was binding on the parties, regardless of whether the seller disputed the working capital statement provided by the buyer. Meanwhile, the buyer is entitled to summary judgment on the fraud claim because not only is there no concrete evidence of false statements made after the deal was closed, but the seller failed to prove any harm came from the alleged misstatements about corporate assets.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: September 19, 2023, Case #: 1:18cv907, NOS: Other Contract - Contract, Categories: fraud, damages, Contract
J. Jones enters a second amended judgment, altered to reflect a total damages award of $690,852, in favor of the family in this breach of contract action alleging that the company lost money in spite of short-term bridge loans it had received. The company was extensively involved in a pattern of making false representations to the family and other lenders to induce them into believing that it was profitable. The company engaged in this pattern with malice, making punitive damages necessary.
Court: USDC Nevada, Judge: Jones , Filed On: September 12, 2023, Case #: 3:19cv520, NOS: Other Contract - Contract, Categories: fraud, damages, Contract
J. Kennelly finds a nutrition company liable for violating the Illinois Uniform Deceptive Trade Practices Act by mimicking a entrepreneur’s separate nutrition supplement trademark, and orders the company to pay the entrepreneur over $547,000.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: August 25, 2023, Case #: 1:17cv2283, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Trademark, damages
J. Wise finds that the trial court erred in its award of damages to the distributor on its breach of contract claim relating to a debt owed by a company for goods provided. The evidence did not support the part of the award for freight charges allegedly owed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-20-00622-CV, Categories: fraud, damages, Contract
J. Stras finds a lower court properly imposed owed restitution on a schemer who participated in a recruitment and kickback scam. The schemer, who acted as a liaison to a chiropractic clinic, argued that he was "never a runner." However, the government presented sufficient evidence in court that the Twin Cities chiropractic clinic recruited him to bring in car accident victims beginning in 2013, in order to defraud automobile insurers. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: August 23, 2023, Case #: 22-1275, Categories: fraud, Insurance, damages
J. Hixson finds the trial court properly entered summary judgment against the trucking company in this suit alleging fraud, awarding a judgment of $96,000 against the company. The court determined that the judgment awarded against the non-party trucking company could be enforced under an alter ego theory of liability after the non-party ceased operations, with the company party to the suit maintaining the same customers. Undisputed material facts establish that the newly formed company is an instrumentality of the dissolved company — effectively the same entity with a different name. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: August 10, 2023, Case #: 120922, Categories: fraud, Transportation, damages
J. Urias denies summary judgment to an equipment services company because there is genuine dispute as to whether the person who brought this suit qualifies as an oil-and-gas “broker” or “consultant,” a detail that will ultimately determine whether his claims are barred by New Mexico’s fraud law after he sued the company for allegedly breaking an oral contract.
Court: USDC New Mexico, Judge: Urias, Filed On: August 10, 2023, Case #: 1:21cv715, NOS: Other Contract - Contract, Categories: fraud, damages, Contract