Search Results
393 results found for "whistleblower representation"
- Failure to Plead Loss Causation Spells Dismissal of Fraud, Negligent Misrepresentation and GBL 349(h) Claims
Plaintiff asserted that Uber’s online representations led him to believe that his safety was assured. However, the Court found that there was nothing in the complaint to suggest that Uber’s representations
- First Department Finds Half-Truths, Concealment and Justifiable Reliance in Affirming Alleged Fraud-Based Claims in a Mortgage Foreclosure Action
As such, “BFSB knew that Flintlock understood representation to apply to the entire contract term and These representations created “an inference that BFSB was aware that Flintlock was operating under the The case is notable on this point because Flintlock obtained a written representation in the Estoppel motion court observed, courts rarely find that a plaintiff could not justifiably rely on a written representation unless the plaintiff actually knew the representation to be false.
- Courts Holds, as a Matter of Public Policy, Pre-Filing Release of Claims Does Not Bar Suit Under the False Claims Act
when the government does not know of the alleged qui tam claims, public policy encourages the use of whistleblower
- Court Dismisses Breach of Fiduciary Duty Claim That Should Have Been Brought Derivatively
Defendants failed to plead fraud with particularity under CPLR § 3016(b) and a misrepresentation of present a cause of action for fraud, the plaintiff must allege that (1) the defendant made a material false representation the defendant intended to defraud the plaintiff thereby, (4) the plaintiff reasonably relied upon the representation In particular, the Court found the representation that Plaintiff had the “skill, experience, and contacts The Court also found the representation that Plaintiffs would bring new staff and clientele to the Salon
- Freiberger Haber’s Co-Founding Partner Jeffrey M. Haber Again Recognized by Super Lawyers Magazine
Freiberger Haber leverages more than 50 years of combined experience to deliver sophisticated and creative representation
- First Department Decides Two Fraud Cases On Same Day: One That Addresses Duplication with Contract Claims, Justifiable Reliance, and Disclaimer Clauses, and One That Addresses Falsity
Accordingly, only where a written contract contains a specific disclaimer of responsibility for extraneous representations , that is, a provision that the parties are not bound by or relying upon representations or omissions Defendants argued that the “No Representations” and “Merger” clauses in the lease negated any reliance Defendants maintained that, by these clauses, Ohm was not induced to sign the lease by any “warranties, representations that Ohm failed to plead justifiable reliance on the alleged misrepresentations, claiming that the representations
- Statements of Opinion Found Insufficient to Support a Fraud Cause of Action
“Statements that ‘express expectations about the future rather than presently existing, objective facts CC Pay alleged that, contrary to those representations, Defendants “had no proficiency in website design to state a claim for fraudulent inducement: “CC Pay’s generalized allegations regarding Defendants’ representations Turning to the falsity element of the claim, the Court found that the challenged statements ( e.g. , representations In this regard, the Court noted that CC Pay “reference specific factual representations contained on
- A New Year, Same Result: Fraud Claim Dismissed as Duplicative of Contract Claim
Subject Properties free and clear at the time of the Purchase Agreement, Michael and 661 breached their representations
- Court Dismisses Fraud Claim Due to Plaintiff’s Failure to Plead Loss Causation
The Court also held that Plaintiff sufficiently alleged that PNP knew that its representations were false and that such representations were false when made. reliance on Brandel’s assurances were reasonable in that she “had no knowledge of the falsity of the representations and had no reason to know that the representations were false.” “Put another way, even assuming Brandel made false representations regarding PNP’s vetting process, Plaintiff
- DOJ Announces Policy Change; Will Seek Dismissal Of Qui Tam Actions Lacking Merit
The announcement was made during a presentation at the Health Care Compliance Association’s Health Care Nearly 95 percent of the money recovered under the False Claims Act is obtained in cases initiated by a whistleblower
- The CFTC Proposes Amendments to the Rules Governing Its Whistleblower Program to Be More Consistent With the SEC’s Whistleblower Program
who engage in lawful whistleblowing activities. The CFTC whistleblower program has been around for five years. view its enforcement authority to cover retaliation against whistleblowers. and actively protect whistleblowers against activity that chills lawful whistleblowing activity. program and the protection of whistleblowers engaged in lawful whistleblowing activities.
- Issues of Fact Prevent Application of The Voluntary Payment Doctrine, Says The First Department
“To warrant such recovery”, explained the Court, “there must be a compulsion, — actual, present, potential When advancing those funds, Plaintiff allegedly relied on the written representations in the Preliminary
