7 results for 'cat:"Fraud" AND cat:"Fiduciary Duty" AND cat:"Contract"'.
Vice Chancellor Glasscock declines to dismiss contract claims stemming from a conversion agreement in which shares held by plaintiffs had been diluted because it was reasonably conceivable that plaintiffs had been promised equal shares would be maintained during the company's conversion into a Delaware entity. However, fraud claims should be dismissed for failure to plead the time and place that the representations had been made, and the fiduciary duty claim constitutes improper bootstrapping from the breach of contract claim.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: April 22, 2024, Case #: 2022-0665-SG, Categories: fraud, fiduciary Duty, contract
J. Grimes finds the lower court properly dismissed a special motion to strike filed by a church deacon and his wife after a donor donated over $1 million to an organization run by the wife, after a sermon. The donation was to help purchase a car and a home for a destitute family, with any leftover funds to be returned to the donor. The donor discovered that the house and car were purchased in the organization’s name, not that of the family in need. The donor filed suit alleging he was solicited for the funds which were used fraudulently to benefit the organization, not the family he believed he was helping. The deacon and his wife deny the claim, alleging the conversations with the donor were public in nature and about the family’s needs, and protected as they were part of a sermon and protected speech. The lower court disagreed, as the discussions were specific in nature and the issue was not so much about where the speech or conversation occurred, but rather about the alleged misconduct perpetrated by the deacon and his wife after the sermon. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: March 29, 2024, Case #: B327668, Categories: fraud, fiduciary Duty, contract
J. Bell affirms the lower court’s decision that a machinery producer has plausible evidence that a powder coat and finishing company committed fraud, among other things, when it created two similar companies and fraudulently transferred the producer’s money between them.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 21, 2024, Case #: 5:23cv59, NOS: Other Contract - Contract, Categories: fraud, fiduciary Duty, contract
J. Logue finds the trial court improperly denied the real estate company manager's request to block third-party subpoenas in a discovery request from a trustee representing a three-quarter interest in the same company, whose lawsuit claims the manager wrongfully took millions of dollars from the company's accounts. Because the subpoenas request disclosures from the manager's marital settlement agreement with his ex-wife and other information from third parties the record does not show are relevant to the trustee's claims, the manager's petition for writ of certiorari is granted and the trial court's discovery order is quashed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: June 14, 2023, Case #: 22-2026, Categories: fraud, fiduciary Duty, contract
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J. Logue finds the trial court improperly denied the real estate company manager's request to stop a bank from disclosing a broad range of his financial records in response to a request for that information from a trustee representing a three-quarter interest in the same company, whose lawsuit claims the manager wrongfully took millions of dollars from the company's accounts. Because the production of such a wide array of the manager's personal financial records, including each credit card transaction he made for 10 years and his net worth, would cause him irreparable harm, and because there is no showing in the record that these records are relevant to the trustee's claims, the manager's petition for writ of certiorari is granted and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: June 14, 2023, Case #: 22-2000, Categories: fraud, fiduciary Duty, contract
[Consolidated.] J. Miller finds that the trial court improperly ruled in favor of the former business partner's competing company on a fraudulent transfer claim and incorrectly awarded attorney fees to the competitor in a dispute with the housing construction company over profits the competitor allegedly failed to transfer to the company after the former business partner was removed from his position at the company. The evidence was insufficient to uphold the verdict in favor of the competitor's fraudulent transfer claim. The trial court also incorrectly granted a directed verdict on the competitor's conversion claim against another construction company. However, the trial court correctly granted summary judgment on the competitor's fraudulent transfer cross-claim against third parties. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 13, 2023, Case #: A23A0280, Categories: fraud, fiduciary Duty, contract