10 results for 'cat:"Fraud" AND cat:"Sanctions"'.
J. Rutherford denies, in part, United Health's motion for sanctions against an executive in its healthcare fraud case. Although the executive failed to take steps to preserve certain data, he did not act in bad faith.
Court: USDC Northern District of Texas , Judge: Rutherford, Filed On: March 21, 2024, Case #: 3:21cv1547, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Health Care, sanctions
J. Underhill grants the government's motion for final judgment, ruling the securities broker and his trading firm will be permanently barred from issuing any securities in the future and will also be required to disgorge over $223,000 in profits gained only through the manipulation of stock prices and the misleading of clients.
Court: USDC Connecticut, Judge: Underhill, Filed On: February 21, 2024, Case #: 3:20cv397, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, sanctions, Securities
J. Lasnik grants the mortgage lender's motion for rule 11 sanctions against Scott Stafne, attorney for the lendee, arguing that the lendee's claims were all frivolous and that his challenges to the 2021 non-judicial foreclosure sale and subsequent surplus funds proceeding were improperly asserted. Stafne made no attempt to prove his client's claims despite refusing to withdraw the challenged pleading or otherwise attempted to justify their failures by raising meritless challenges to the tribunal. Stafne is liable for $15,300 in attorney fees.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: December 7, 2023, Case #: 2:23cv223, NOS: Constitutionality of State Statutes - Other Suits, Categories: fraud, sanctions, Attorney Fees
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J. Gerber finds the county court improperly denied AT&T's motion for sanctions against the consumer for raising a meritless "data throttling" claim in his lawsuit over his wireless service agreement. The county court made errors of law and discretion in denying monetary sanctions over the data throttling claim, which falsely asserted that the consumer had an unlimited data plan when he either knew he did not or he and his counsel should have known he did not. The case is remanded for the county court to grant that part of AT&T's sanctions motion and set a hearing to determine reasonable attorney fees to be paid to AT&T and its counsel for fighting the meritless data throttling claim. The county court's decision denying AT&T sanctions over the consumer's "administrative fees" claim is upheld without discussion. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: September 6, 2023, Case #: 21-2261, Categories: fraud, sanctions, Consumer Law
J. Whitney grants in part a motion to dismiss a second amended complaint against the brother of a man who claims his siblings cheated him out of his inheritance after their father died. The man alleges that the siblings took his portion of their father's estate, including $1 million, land and businesses. However, as legal proceedings in the father's country of origin, Colombia, have not yet been settled, the man's claims are not able to be corroborated yet. The man's brother seeks dismissal with prejudice, but it will only be granted without prejudice because it needs to be refiled in a court with the correct jurisdiction.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: September 1, 2023, Case #: 3:21cv640, NOS: Other Contract - Contract, Categories: fraud, sanctions, Jurisdiction
J. Howe finds that the lower court properly removed a former director of a marijuana dispensary for fraudulent conduct and sanctioned him by dismissing his complaint against his co-director. The former co-director provided sufficient evidence that the former director deleted hundreds of business emails before trial and then "willfully" obstructed court proceedings, which justifies the denial of his access to books and records. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Howe, Filed On: August 8, 2023, Case #: 1 CA-CV 22-328, Categories: fraud, sanctions, Partnerships
J. Baker partially grants the gun seller's motion for partial summary judgment in a fraud and breach of contract action against the manufacturer arising after a deal to design and build a new gun for the seller fell through. The seller's motion for sanctions based on the manufacturer's concealment of evidence related to its knowledge of its inability to design and manufacture units is also partially granted. There is evidence showing the manufacturer misrepresented that it had not received prior complaints about its parts. The manufacturer is therefore barred from introducing additional evidence about the complaints or a related lawsuit and must pay costs incurred by the seller in preparing the sanctions motion.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: June 9, 2023, Case #: 4:21cv334, NOS: Other Contract - Contract, Categories: fraud, sanctions, Contract