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522 results found for "loss-causation"
- Enforcement News: SEC Charges Georgia Investment Adviser and Its Principal with Operating $110 Million Ponzi Scheme
investments carried little risk and were extremely safe and conservative; (d) there was no possibility of losing the principal investment in Horizon; (e) the Horizon investment was an annuity; (f) the risk of loss “As alleged in the complaint, Woods and Southport preyed upon their clients’ fears of losing their hard-earned
- Pleading Fraud with Particularity, Statute of Limitations and Breach of Contract
agreement by using the money for himself rather than to purchase and renovate real property, causing a loss
- Pleading With Particularity: Defamation Causes of Action
The language at issue cannot amount to “expressions of opinion” or ‘“loose, figurative or hyperbolic damages must be “fully and accurately identified ‘with sufficient particularity to identify actual losses
- Court Finds That Sophisticated Plaintiff Unable to Demonstrate Justifiable Reliance on Alleged Misrepresentation and Omission
Moreover, because the 2016 return was QSD’s final tax return, plaintiff’s equity was reflected as a loss Plaintiff included the loss on his personal tax return for 2016, which he filed in September 2017, relying
- Arbitral Award Confirmed As Being Rational and Supported by the Record
and energy loss. In the proposed award that submitted to the arbitrator, the energy loss was incorrectly stated to be $609,683 and the ancillary loss was incorrectly stated to be $1,429,833. The parties stipulated that those were the claim amounts, not the loss amounts. Consequently, TransCanada’s actual insurance claims or losses applied.
- Breach of Fiduciary Duty, Fraud and the Broken Friendship
The partners were to contribute equal amounts to the business and share equally in all profits and losses to deceive and, after having justifiably relied upon such misrepresentation, experienced pecuniary loss rates, with results across our districts and time periods that are all consistent with rates being less find material issues of disputed fact when trying to resolve issues of scienter (or state of mind), causation obtaining summary judgment on issues that are inherently factual ( e.g. , scienter, breach of duty and causation
- Mortgage Contingency Clauses Revisited
generally provide that purchasers have a certain period of time to obtain a mortgage without risking the loss
- Statute of Limitations, The Continuing Wrong Doctrine and an Alleged Fraudulent Insurance Scheme
If not, the business shares in the losses.’” “‘ he assets and liabilities of the captive cell are legally In November 2015, plaintiffs obtained “loss runs,” which suggested that the Liberty LOC might be used to pay claims at unaffiliated facilities, and when the Schoors were inquired about such loss runs, Asher First, the Complaint specifically states that, in November 2015, the loss runs showed that, “as of August affidavit which states, in relevant part, “ fter NHA confronted Prism and the Schoors with the LMIC loss
- Enforcement News: A Double Shot of Ponzi Schemes with a Dose of Affinity Fraud
The SEC alleged that, in truth, for almost four (4) years, RBL had been operating at a loss of over $18 controlled by Singh, who allegedly engaged in highly speculative equities trading on margin, ultimately losing said the SEC, defendant allegedly stopped responding to communications from several investors, who had lost
- The Court of Appeals Makes a Ruling on “the Proper Scope of the Trial Court’s Discretion to Grant Leave to Amend a Complaint Under CPLR 3025(b)”
The defendants lost the down payment when they failed to close on the purchase of the new property. Because of the loss of the down payment, there were no funds to return to the investors, who alleged
- Who Knew There Could Be So Many Issues Arising From a Breach of Contract Action?
"> Causation and Damages Like any express contract, to prevail on a breach of an implied contract claim But what if the plaintiff demonstrates proximate causation but no monetary damages at the time of the never received by the lienholder, thereby suggesting that more information was needed to decide the causation
- Court Decides When A Contractual Relationship is the Equivalent of a Partnership
exists, courts consider a number of factors, including, but not limited to: the sharing of profits and losses Profits and Losses The Court found that contrary to Plaintiff’s contention, Giffuni and Towler were not “When an employee is not required to make good on negative amounts,” explained the Court, “losses are Such an expansive interpretation of losses renders meaningless the distinction between ‘sharing profits ’ and ‘sharing losses,’ and no trust or fiduciary relation is created.”
