10 results for 'cat:"Fraud" AND cat:"Technology"'.
J. Pallmeyer grants the defendant bank’s motion to dismiss a currency exchange’s claim that it is liable for $840 in check fraud. A customer of the currency exchange got $840 in cash for a check that they had already remotely deposited in their Citibank account, and the currency exchange says it is Citibank’s legal duty to reimburse it. The court disagrees, finding the currency exchange has failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 8, 2024, Case #: 1:23cv5033, NOS: Banks and Banking - Other Suits, Categories: fraud, Banking / Lending, technology
J. Jones finds the district court improperly awarded more than $1.6 billion in contract and fraudulent inducement damages. The competing software companies entered into a licensing and outsourcing agreement authorizing IBM to use the other company's software. This led to AT&T, a customer of the other software company, entering into a relationship with IBM to replace its software. Though a certain non-displacement provision prevented IBM from displacing the other company's software with its own, the relevant phrase, “other valid business reasons,” allows for the displacement at AT&T’s request. Reversed.
Court: 5th Circuit, Judge: Jones , Filed On: April 30, 2024, Case #: 22-20463, Categories: fraud, Contract, technology
[Modified.] J. Wilson modifies three paragraphs and denies a rehearing with no change in judgment. The trial court properly rejected most claims that YouTube is liable for cryptocurrency losses suffered by victims of a scam that hijacked Steve Wozniak's channel and used faked videos of him. While the Communications Decency Act shields interactive computer services like YouTube as publishers, further proceedings are needed to determine if YouTube created its own content by providing verification badges to hijacked YouTube channels, which might put it outside the Act's immunity. Reversed.
Court: California Courts Of Appeal, Judge: Wilson, Filed On: April 2, 2024, Case #: H050042, Categories: fraud, Unfair Competition, technology
J. Durkin denies a group of former tech executives’ motion for acquittal or new trial, finding there is sufficient evidence to support the jury’s verdict. Jurors found the tech executives guilty of more than a dozen fraud counts each in April 2023, after hearing evidence that they falsified financial reports, underreported consumer engagement with the medication ads that pharma companies paid them to market and charged clients for advertising services that they never delivered.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: March 21, 2024, Case #: 1:19cr864, NOS: Other - Forfeiture/Penalty, Categories: fraud, technology
J. Wilson finds the trial court properly rejected most claims that YouTube is liable for cryptocurrency losses suffered by victims of a scam that hijacked Steve Wozniak's channel and used faked videos of him. While the Communications Decency Act shields interactive computer services like YouTube as publishers, further proceedings are needed to determine if YouTube created its own content by providing verification badges to hijacked YouTube channels, which might put it outside the Act's immunity. Reversed.
Court: California Courts Of Appeal, Judge: Wilson, Filed On: March 15, 2024, Case #: H050042, Categories: fraud, Unfair Competition, technology
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J. Zilly declines to find in favor of Bungie on the cheat code developer’s Digital Millennium Copyright Act (DMCA) counterclaim. When the developer would connect reverse engineering software to Bungie’s game, Destiny 2, Bungie would record certain metadata from his computer. The developer sufficiently alleges that Bungie bypassed his password protection to access files on his computer, which is “the type of circumvention the DMCA was intended to prevent.”
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 16, 2023, Case #: 2:21cv811, NOS: Copyrights - Property Rights, Categories: Copyright, fraud, technology
J. Messitte denies a workforce management software developer's motion to dismiss allegations of fraud brought by a nonprofit that houses and cares for people with intellectual and developmental disabilities. In this second amended complaint, the nonprofit cites over two years of the developer courting and pressuring it to purchase its services, which promised to streamline its administrative processes. The nonprofit finally made the purchase for over $100,000 but almost immediately experienced multiple IT issues that took months to resolve. The nonprofit sufficiently argues that the developer fraudulently represented itself and preyed upon it as it knew the nonprofit was not very knowledgeable in the technology field.
Court: USDC Maryland, Judge: Messitte, Filed On: September 26, 2023, Case #: 1:22cv2728, NOS: Other Contract - Contract, Categories: fraud, Contract, technology
J. Talwani partially denies a large clothing retail company’s motion to dismiss Consumer Protection Act claims brought against it via class action for suppressing lower-starred product reviews through a third party. By automatically posting reviews above three stars and forcing reviews of three stars or less to be reviewed before being made public, the company persuaded some customers to buy items they would not have purchased had they seen the real ratings and all reviews of the products.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 22, 2023, Case #: 1:22cv10603, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, technology
J. Laplante partially grants a large software company’s motion to dismiss a smaller company’s claims against it for poor performance and misrepresentation in its recommendation and implementation of new software at the smaller company. The smaller company’s contract, bad faith, negligence and part of its fraud claims are dismissed, while its New Hampshire Consumer Protection Act claim and part of its fraud claim are not, because the smaller company sufficiently supports the latter claims with facts.
Court: USDC New Hampshire, Judge: Laplante, Filed On: August 15, 2023, Case #: 1:22cv397, NOS: Other Contract - Contract, Categories: fraud, Consumer Law, technology
J. Dorsey enters final judgment on claims of negligent misrepresentation in favor of a merchant services provider who retained a payment processing firm that failed to transition to the latest chip authenticator technology as promised. The court bases its decision on the testimony of five witnesses and “voluminous exhibits” proving that the payment processor negligently misrepresented that it would have a software solution by a compliance deadline. Judgment is entered in favor of the payment processor on all other claims, and the merchant services provider is awarded $1 because the processor's action arose from bad business practices rather than an intent to injure or out of conscious disregard.
Court: USDC Nevada, Judge: Dorsey, Filed On: August 11, 2023, Case #: 2:18cv394, NOS: Other Contract - Contract, Categories: fraud, Business Practices, technology