13 results for 'cat:"Fraud" AND cat:"Settlements"'.
J. Ohta grants final approval to a $1.8 million settlement in a class action alleging that consumers purchased Apple App Store and iTunes gift cards that were fraudulently drained of value by unknown third-parties and were denied a refund or replacement gift card. An objector challenges the release of non-party retailers who sole Apple gift cards subject to fraudulent redemption as overly broad, but the release of non-party retailers is common practice in cases such as this and the "restrictive nature of the class limits released claims only to those who purchased gift cards subject to pre-activation attempts."
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 19, 2024, Case #: 3:20cv1629, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, settlements, Class Action
J. Underhill grants the patentholder's motion for a preliminary injunction, ruling that because the infringing company and its owners have yet to make any payments on a $17 million judgment entered more than five years ago, the patentholder will likely never recover the judgment and will suffer irreparable harm without an injunction to prevent the fraudulent transfer of any remaining assets.
Court: USDC Connecticut, Judge: Underhill, Filed On: March 1, 2024, Case #: 3:22cv840, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, settlements, Injunction
J. Black grants the parties' joint motion to approve the class action settlement, ruling there is no evidence of fraud or collusion and the settlement will not only fairly compensate class members who purchased seven-pound bags of ice that weighed less than seven pounds, but will also prevent several more years of litigation.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: February 27, 2024, Case #: 1:19cv1042, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, settlements, Class Action
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J. Bacharach finds that the lower court properly refused to set aside a judgment that was the result of a settlement between the FTC and a company accused of a scheme where it sold unnecessary services to customers. The company later sought to set aside the judgment by arguing that a new Supreme Court case reversed elements of the judgment that provided for monetary relief. While it is true that the Supreme Court ruled on a case that did not allow for such relief, that case is largely unrelated to the current one and does not represent a big enough change that would require the judgment to be set aside. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: January 23, 2024, Case #: 23-4009, Categories: fraud, settlements
J. Moore finds that the lower court properly entered a judgment enforcing a settlement agreement between the parties. The lower court determined that the appellant must pay the proceeds, even though an impostor had allegedly caused it "to wire the settlement proceeds to the impostor's bank account." There was no error in the ruling, as the appellant "was in the better position to have prevented the fraud." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: January 5, 2024, Case #: CL-2023-0260, Categories: fraud, settlements, Contract
Per curiam, the appellate division finds that the trial court properly dismissed claims contending a divorce settlement agreement fraudulently underrepresented the number of gold ingots purchased during the marriage because receipts demonstrate the parties jointly purchased the ingots and that the wife had access to all financial records during the marriage. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 23-00094, Categories: Family Law, fraud, settlements
J. Cole denies the parties' motion to approve a class action settlement, ruling that while the class of customers who purchased bedsheets from Macy's based on inflated thread counts meets all commonality and typicality requirements, the "cy pres" award of leftover settlement funds to a nonprofit consumer advocacy organization that focuses primarily on climate change issues - not textile goods or misleading labels - makes the settlement unlawful because it does not benefit the class members in any way.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: December 20, 2023, Case #: 1:17cv754, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, settlements, Class Action
J. Benton finds a lower court properly dismissed a capital management company's motion for recovery outside of a receivership. The company argued that it is entitled for relief after falling victim to a colossal Ponzi scheme. However, the prior settlement agreements prevent recovery. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 9, 2023, Case #: 21-2973, Categories: fraud, settlements
J. Gee finds in favor of the jewelry company for its claim alleging that it loaned the businessman $1 million to buy a large quality of "Air Queen" face masks from Sysco, and he did not repay it within 48 hours. The businessman asserts that the owner of the jewelry company must comply with oral promises to "get the masks sold" under their original settlement agreement, but their amended agreement precludes any oral promises, so the businessman cannot assert that the owner fraudulently induced him to sign the amended agreement.
Court: USDC Central District of California, Judge: Gee, Filed On: June 5, 2023, Case #: 2:22cv4494, NOS: Other Contract - Contract, Categories: fraud, settlements, Contract