52 results for 'cat:"Fraud" AND cat:"Negligence"'.
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. Chang partially grants a genetic screening company’s motion to dismiss fraud and negligence claims brought by a couple who used its services before having a child. The couple used the company’s prenatal genetic screening test to check if their child would have Down syndrome, and though the test returned a negative result, their child with born with Down syndrome anyway. The court dismisses the couple’s negligence claim against the company but allows their fraud claims to move forward.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: March 25, 2024, Case #: 1:21cv3085, NOS: Other Personal Injury - Torts - Personal Injury, Categories: fraud, Health Care, negligence
J. Snyder denies the city's motion to dismiss an investor's fraud and negligence claims, stemming from a cannabis permit consulting company of city employees who defrauded him of $900,000 with a sham consulting agreement for an application to open a cannabis business which cost other applicants $2857. Federal charges were brought against the architects of the fraudulent scheme. The city then sent the investor a notice threatening to terminate its state cannabis license if it did not drop the instant lawsuit. The investor has sufficiently alleged that the city failed to supervise its employees which permitted them to defraud the investor and that the city should have been aware of the corruption of the cannabis process due to FBI raids on some of those employees. It is premature to dismiss the investor's fraud claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 15, 2024, Case #: 2:23cv384, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, negligence, Racketeering
J. Bell partially denies multiple aerospace manufacturing firms and individuals’ motion to dismiss allegations of fraud, negligence and wrongful termination brought by a former CEO of one of the firms. The CEO heard through other staff that one firm, which had acquired his, had no intentions to continue investing in his, although they blatantly misrepresented this fact to other firms and investors. When the CEO remained silent instead of defending the misrepresentations, the company fired him.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 20, 2024, Case #: 3:23cv203, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, negligence, Employment Retaliation
J. Ross dismisses a general contractor’s third-party complaint and counterclaims that seek to shift liability for claims under the Fair Labor Standards Act to a separate subcontractor, plus hold it liable for shoddy painting work and broken equipment. The general contractors’ counterclaim for fraud provides only conclusory allegations, and its negligent workmanship fails to meet the requirements as either a negligence or contract claim. The court further declines to grant its claim for implied indemnification or declare the subcontractor as the laborers’ employer.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: February 15, 2024, Case #: 1:22cv4356, NOS: Fair Labor Standards Act - Labor, Categories: fraud, negligence, Labor
[Modified.] J. Goldman alters a footnote, adds a footnote and denies a rehearing with no change in judgment. The trial court properly refused to grant a drug manufacturer summary judgment on a negligence claim alleging it deferred development of an HIV drug that showed fewer side effects in order to continue profiting from an existing HIV drug. The manufacturer's duty of care includes responsibilities beyond its obligation not to sell defective products, and two exceptions to the duty of care cited by the manufacturer are inapplicable. However, a fraudulent concealment claim cannot proceed because the manufacturer did not have a duty to disclose information about the newer HIV drug with fewer side effects. Vacated in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: February 1, 2024, Case #: A165558, Categories: fraud, Consumer Law, negligence
J. Flanagan partially denies a crop insurance company’s motion for summary judgment after a farm alleged the company’s agent breached fiduciary duty and committed fraud and negligence when the company did not properly pay on a claim. The farm was able to show sufficient evidence that the agent misrepresented the kind of coverage and amount available to the farm, so their allegations against him survive, but not their claims against the company itself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 26, 2024, Case #: 7:21cv126, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Fiduciary Duty, negligence
J. Conner finds that the trial court improperly dismissed claims brought after plaintiff slipped and fell in a supermarket on grounds of fraud upon the court. Evidence clearly indicated plaintiff lied under oath about the extent of her injuries, but dismissal of the entire complaint was unwarranted and plaintiff should have been allowed to pursue claims seeking medical expenses. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Conner, Filed On: January 24, 2024, Case #: 4D2023-0011, Categories: fraud, negligence
J. Cote partially grants the fertility clinic's motion to dismiss claims stemming from the loss of a woman's frozen eggs. All the woman's claims sound in ordinary negligence rather than medical malpractice, so the malpractice claim must be dismissed. Further, there is no evidence that the clinic made knowingly false statements about the quality of its services, so her fraud claims are also dismissed.
Court: USDC Southern District of New York, Judge: Cote, Filed On: January 24, 2024, Case #: 1:23cv4503, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: fraud, negligence, Medical Malpractice
J. Valderrama grants a food company’s motion to dismiss a shipping worker’s two claims for unfair and deceptive practices. The worker was injured when, while working inside a truck, a can of cooking spray produced by the food company ignited and cause a flash fire. Though the worker has other counts pending against the company for her injuries, the court finds she has not sufficiently alleged these two.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: January 16, 2024, Case #: 1:20cv7065, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: fraud, negligence, Product Liability
J. Goldman finds that the trial court properly refused to grant a drug manufacturer summary judgment on a negligence claim alleging it deferred development of an HIV drug that showed fewer side effects in order to continue profiting from an existing HIV drug. The manufacturer's duty of care includes responsibilities beyond its obligation not to sell defective products, and two exceptions to the duty of care cited by the manufacturer are inapplicable. However, a fraudulent concealment claim cannot proceed because the manufacturer did not have a duty to disclose information about the newer HIV drug with fewer side effects. Vacated in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: January 9, 2024, Case #: A165558, Categories: fraud, Consumer Law, negligence
J. Blumenfeld grants a shipping company's motion to compel arbitration regarding a wood chip exporter's allegations of violations of California’s Business and Professions Code, fraud, misrepresentation, negligence and unjust enrichment after the Covid-19 pandemic shut down the port in China where the wood chips were to be sent. The exporter sought to cancel the charters, but under the charter agreement terms, it was still obligated to pay the shipping company, who it claims exploited the pandemic crisis by charging excessive rates. The court has jurisdiction, and a valid arbitration agreement exists between the parties under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Court: USDC Central District of California, Judge: Blumenfeld, Filed On: December 19, 2023, Case #: 2:23cv7676, NOS: Arbitration - Other Suits, Categories: Arbitration, fraud, negligence
J. Vascura denies, in part, the power supply manufacturer's motion for judgment on the pleadings on a fraud claim related to defective batteries. The stark difference between the condition of the batteries, including bulging cases and visible cracks, and the fully operational status reported by the manufacturer's inspectors just weeks before the failure is sufficient to allow the claim to proceed.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: November 28, 2023, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: fraud, Insurance, negligence
J. Shah denies a capital fund’s motion to dismiss a securities fraud complaint for lack of jurisdiction, but partially grants its motion to dismiss the complaint for failure to state a claim. Investors in the fund say they lost $1.3 million to the fund, and after its managers gave them misleading reports about its, in reality, poor performance. The court finds it has jurisdiction over the suit but dismisses most of the investors’ state-level claims and their federal securities claims. The state law negligence charge survives.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 21, 2023, Case #: 1:22cv1010, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, negligence
J. Duncan finds the district court properly dismissed RICO claims filed against the medical society that published guidelines for treating Lyme disease in a peer-reviewed medical journal that certain infected persons say harmed them by bringing into question whether the condition exists. The statements at issue are non-actionable opinions and cannot support a claim for fraudulent misrepresentation. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: November 16, 2023, Case #: 22-40728, Categories: fraud, Health Care, negligence
J. Bell partially denies a cybersecurity firm’s motion to dismiss a power tool manufacturer’s amended complaint in this alleged fraud case. The manufacturer sufficiently alleges that the firm had no intention of complying with the service agreement at the time of signing because the firm knew it could not perform some of the work required, specifically with Google Chronicle, a cloud service that would allow the manufacturer to assess security threats and alerts. This satisfies the fraud, unfair trade practices and unjust enrichment claims brought by the manufacturer. However, its negligence claims fail because the firm did not cause it to incur any economic losses.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 13, 2023, Case #: 3:23cv236, NOS: Other Contract - Contract, Categories: fraud, Trade, negligence