1,345 results for 'cat:"Fraud"'.
J. Kobes finds a lower court properly granted summary judgment in favor of a Canadian investment management firm on claims of fraudulent inducement brought by grocery store owner-operators. The owner- operators argued that the investment management firm strong armed them into signing releases based on false representation. However, the investment management firm presented sufficient evidence in court that it never solicited or forced the owner- operators to sign releases, even though they knew the risks of opening new stores, and that they did not use ordinary diligence by failing to investigate the company's history. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: May 8, 2024, Case #: 23-1786, Categories: fraud, Contract, Racketeering
J. Tunheim denies the subcontractor's motion for a preliminary injunction in its action seeking relief from participating in arbitration in a dispute related to two purported contracts. The subcontractor's contention that its president's signature was forged on one of the contracts is "too flimsy" to establish a likelihood of success on the merits of its claims, and metadata suggesting that, as it claims, a document in the second contract was improperly backdated is better supported but still insufficient to establish a likelihood of success on the merits. The subcontractor has also failed to establish that it risks irreparable harm absent an injunction, and the balance-of-harms and public-interest factors are both neutral.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:24cv585, NOS: Other Contract - Contract, Categories: fraud, Contract, Injunction
J. Bokor finds the trial court partially erred in its judgments in the doctor's lawsuit against the university claiming fraud in the inducement and breach of contract relating to the doctor's arrangements to work for the university's hospital after the hospital was temporarily closed and reorganized. The trial court correctly granted a directed verdict in the the university's favor on the doctor's fraud claim, but since the doctor failed to bring evidence of a valid and enforceable contact in the university's bylaws and rules, the university should have prevailed on his breach of contract claim as well. The trial court's ruling on the breach of contract claim is reversed, and the case is remanded for it to grant the university a directed verdict on that claim. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 8, 2024, Case #: 22-1898, Categories: fraud, Contract
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J. Davis finds the district court properly convicted the doctor for unlawful distribution of controlled substances based on sufficient evidence. After the health management company developed concerns about the doctor's inability to maintain patient and medication records, warning him several times, he was terminated and opened a private practice. The DEA launched an investigation into his prescriptions after receiving a tip from a confidential informant, and the ensuing sting operation led to the doctor's arrest. That the prescriptions lacked a legitimate medical purpose is established in that they were issued outside the usual course of professional practice. Affirmed.
Court: 5th Circuit, Judge: Davis , Filed On: May 6, 2024, Case #: 23-30191, Categories: Drug Offender, fraud, Jury Instructions
J. Cronan finds for the agency in this SEC enforcement action and orders the manager of an investment club who engaged in fraudulent investment schemes to disgorge ill-gotten profits of $1.7 million, plus interest of $339,000. In addition, the manager shall be permanently banned from working in the financial sector again due to his conscious wrongdoing and the likelihood he will continue to violate federal securities laws.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: May 6, 2024, Case #: 1:19cv10299, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, Agency
J. Rosenthal finds that a salon company, which recovered only a fraction of their damages in bankruptcy court after a construction contractor filed for bankruptcy during construction of a salon and did not complete the project, cannot pursue fraudulent inducement claims against the family that operated the construction firm. The salon company argues this case involves a different cause of action from the claim adjudicated during bankruptcy proceedings, but the court finds that the facts asserted in both claims center on the construction company entering a contract it did not intend to complete. The fraudulent inducement claim is barred by the prior proceeding, so the suit is dismissed.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: May 6, 2024, Case #: 4:23cv2408, NOS: Other Fraud - Torts - Personal Property, Categories: Bankruptcy, fraud
Per curiam, the appellate court finds that the trial court properly ruled in breach of contract claims brought by plaintiff for failure to bring fraud claims related to services in converting his dental practice. However, conversion claims should be reinstated in light of text message evidence. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00885 , Categories: fraud, Conversion, Contract
J. Anello dismisses the solar roofing company's RICO and fraud claims against a consultant alleging that she and the company's CEO "siphoned" company money through paycheck protection program loan applications. The company fails to provide details as to "whether, how, when or why" loan proceeds were used to pay the consultant's bills for her personal property. The company further fails to identify on which loan application the consultant is alleged to have made the fraudulent reporting.
Court: USDC Southern District of California, Judge: Anello, Filed On: May 3, 2024, Case #: 3:23cv2323, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Conversion, Racketeering
J. Ellis partially grants the sued trading platform’s motion to dismiss the suing financial technology company’s allegations of trade secrets misappropriation. The fintech firm accuses the trading platform of violating a prior contract to market the plaintiff’s trading software, specifically a clause prohibiting reverse-engineering the software. The court finds the fintech firm has sufficiently stated claims under the Illinois Trade Secrets Act and federal Defend Trade Secrets Act, but that these same claims preempt allegations of tortious interference with economic advantage, unfair competition, fraud and unjust enrichment.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: May 2, 2024, Case #: 1:23cv14192, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: fraud, Trade Secrets, Tort
J. Stickman grants a restaurant chain’s motion for summary judgement concerning the class action claims, including unfair enrichment and breach of contract, brought by customers during a nationwide change shortage. The evidence shows modifications and waivers to the purchase-and-sale agreement were made. The customers had the opportunity to withdraw from their purchase but decided to follow through after purposely going to the restaurant to be shortchanged.
Court: USDC Western District of Pennsylvania, Judge: Stickman, Filed On: May 1, 2024, Case #: 2:20cv1448, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: fraud, Consumer Law, Contract
J. Flanagan grants a generator production company’s partial dismissal in this product liability class action brought by an ice cream truck driver who was chemically burned when the truck’s gasoline tank malfunctioned. The driver argues the company knew the tanks were faulty, claiming fraud by omission. Because the driver fails to give sufficient information as to when the company supposedly began hiding this information, and because he does not point to any specific way that the company tried to hide information, this part of his claim fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 1, 2024, Case #: 7:23cv1329, NOS: Other Contract - Contract, Categories: fraud, Product Liability, Contract
Per curiam, the circuit finds the district court properly dismissed a doctor's defamation, fraud and age discrimination claims. Utilizing the medical personnel placement service, says he was not selected for a position for which he was referred because of his age. The service did not fail to refer him for employment and the employer did not hire him due to a lack of specific federal experience. The employer's statement the doctor was "difficult to reach" is not defamatory and the record does not support his claims of fraud. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 23-11066, Categories: fraud, Defamation, Employment Discrimination
J. Harris finds the lower court properly dismissed the investors' complaint for lack of jurisdiction. The investors accuse a family from Ghana living in Virginia of a sprawling scheme to defraud Ghanaian investors of millions of dollars. They claim the family would solicit funds from investors in Ghana and promise to distribute them as microfinance loans to small family businesses and individuals in Africa. In theory, the loans would stimulate African economies while also earning interest for the investors. But the investors claim In practice, they simply took the money. The injuries suffered were not in America but rather in Ghana. Affirmed.
Court: 4th Circuit, Judge: Harris, Filed On: April 30, 2024, Case #: 23-1309, Categories: fraud, International Law, Banking / Lending
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
J. Gershon dismisses, with prejudice, a third-amended False Claims Act suit against the maker of durable medical equipment and two health care providers alleging they submitted fraudulent reimbursement claims to Medicare and Medicaid. The relators fail to allege they were the original sources of the information at the heart of their case and thus fail to meet the law’s original source exception.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: April 30, 2024, Case #: 1:18cv2600, NOS: False Claims Act - Torts - Personal Injury, Categories: fraud, Health Care, False Claims
J. Tunheim partially grants the construction companies' motion to amend a judgment they have obtained in an action surrounding a failed construction project. Damages awarded in the judgment are duplicative, so they are amended to a damage amount of $6,019,563.98, but pre-judgment interest is awarded at a rate of 10% for fraud damages and 1% for breach-of-contract damages, and post-judgment interest is awarded at a rate of 5.01%.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:19cv3174, NOS: Other Contract - Contract, Categories: fraud, Contract
J. Riedmann finds the district court properly found for the romantic partner who received funds from her partner to purchase and remodel her home. The lender signed a form stating he did not expect repayment and he voluntarily sent the funds with no discussion of repayment. The doctrine of unjust enrichment does not require a homeowner to repay funds just because the relationship has ended. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-515, Categories: fraud, Property, Contract
J. Winmill denies a heavy equipment auction site's motion for reconsideration regarding a buyer's allegations of breach of contract, fraudulent misrepresentation and unjust enrichment after the machine it purchased arrived with missing parts. The buyer requested a refund and alleges that the auction site never responded. The auction site's motion for summary judgment was denied without a written opinion by a visiting judge, the matter was reassigned to a new judge, and the auction site filed a motion for reconsideration of the denial of summary judgment. There is no evidence of "clear error" by the visiting judge as a material dispute of fact remains regarding whether the company that listed the machine on the auction site was an undisclosed principal.
Court: USDC Idaho, Judge: Winmill, Filed On: April 29, 2024, Case #: 3:21cv150, NOS: Other Contract - Contract, Categories: fraud, Contract
J. Kaplan grants the banks' motion to dismiss a class action alleging violations of the Commodity Exchange Act in connection with the marketing, sale, and management of a derivative investment product. The complaint fails to allege specific acts committed by each individual defendant, instead lumping defendants together as a group. Further, the fraud allegations do not detail exactly what fraudulent statements the bank make to investors.
Court: USDC Southern District of New York, Judge: Kaplan, Filed On: April 29, 2024, Case #: 1:23cv2866, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, Class Action
J. Whitney grants a motion to approve the consent judgment between the SEC and an agent who is hereby restrained from acting as an investment adviser, and who must pay $350,000 in fees and disgorgement in three installments.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 29, 2024, Case #: 3:22cv246, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, Damages
J. Batchelder finds the lower court properly granted the insurance company's motion for summary judgment on securities claims filed by investors. None of the statements included in the company's pre-IPO release meet the heightened pleading requirements of a fraud claim, but were instead historical statements of past performance that would not have misled the ordinary investor. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 29, 2024, Case #: 23-3392, Categories: fraud, Insurance, Securities