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682 results found for "fraud"
- Vacatur Under the FAA – It Isn’t Easy
10 of the FAA, an arbitration award may be vacated: (1) where the award was procured by corruption, fraud
- Justifiable Reliance and the Counterclaim That Wasn’t
This Blog has written about the justifiable reliance element of a fraud cause of action on many occasions The justifiable reliance element of a fraud causation of action has been described as a “fundamental The requirement is one of the five elements of a fraud cause of action: (1) a misrepresentation or a The counterclaims and third-party claims sounded in fraud, negligent misrepresentation, breach of warranty Rather, Defendants argued that they were not payable due to fraud and misrepresentation.
- Second Department Finds No Issues of Fact as to Whether Defendant Should be Estopped from Asserting a Statute of Limitations Defense
importance" satisfying="satisfying" justifiable="justifiable" reliance="reliance" element="element" a="a" fraud ="fraud" claim. Finally, when the plaintiff bases his/her claim of equitable estoppel on concealment, instead of fraud complaint on the grounds that Newman’s claims were barred by the statute of limitations and that the fraud and that Newman “failed to raise a triable issue of fact in opposition” – namely, he was induced by fraud
- Court Sustains New York Qui Tam Action Involving Alleged Scheme to Reset Interest Rates for Municipal Bonds
defendants — financial institutions and their subsidiaries — collectively engaged in a decade’s-long fraudulent A claim under the NYFCA ( i.e. , New York State Finance Law §§ 189 (a)-(c)) sounds in fraud and therefore However, in contrast to traditional fraud claims, to satisfy CPLR § 3016(b), a qui tam plaintiff: shall As readers of this Blog know, in a fraud action, CPLR § 3016(b) requires the plaintiff to allege sufficient facts to support a “reasonable inference” that the allegations of fraud are true.
- Court Finds Promise of Future Performance and Anti-Reliance Provision in Merger Clause Preclude Fraudulent Inducement Affirmative Defense
Today’s post examines the requirement to pay interest under CPLR § 5001 and the fraudulent inducement In addition to the foregoing, plaintiffs moved for summary judgment on Kesha’s fraudulent inducement The Court held that the claim was “not viable because a fraud claim cannot be predicated on a promise Even if the fraud claim was based upon an insincere promise to engage in future conduct, Justice Schecter In holding that the anti-reliance provision in the KMI Agreement sufficed to preclude the fraudulent
- Court Addresses Various Claims By Minority Shareholder Allegedly Oppressed By The Actions of The Majority
away with the impression that the claims are disparate and lacking cohesion – breach of fiduciary, fraudulent conveyance pursuant to DCL § 274; 3) fraudulent conveyance pursuant to DCL § 276; and 4) violations “When a transfer is made without fair consideration, a presumption of insolvency and fraudulent transfer To demonstrate a violation of DCL § 276, a plaintiff may “rely on ‘badges of fraud.’” Badges of fraud include a “close relationship between the parties to the alleged fraudulent transaction
- Answering Certified Questions From the Second Circuit, NY Court Of Appeals Holds That A Judgment Debtor’s Sole Remedies Against A Judgment Creditor Whose Collection Efforts Violate Article 52 of th...
judgment and now also seeking restitution under CPLR 5015, breach of contract, wrongful execution, and fraud
- Settlement Agreement Found To Be an Instrument for The Payment of Money Only Sufficient to Grant Summary Judgment In Lieu of Complaint
further delays and unforeseen costs, Plaintiff terminated Priceless’ services and sued Priceless for fraud
- Enforcement News: SEC Charges Bank With Misleading Investors About The Strength Of Its BSA/AML Compliance Program And Its Monitoring of Crypto Customers
Here, we allege that fell not only woefully, but also fraudulently, short in that regard,” said Gurbir The SEC charged SCC, the CEO, and CRO with negligence-based fraud and charged SCC with violating certain
- TO ADDRESS CORONAVIRUS CONCERNS, GOVERNOR CUOMO RELAXES NOTARY PUBLIC RULES TO PERMIT THE TAKING OF ACKNOWLEDGMENTS BY VIDEO
Indeed, a notary public that commits “fraud or deceit” in performing his/her duties “is guilty of a misdemeanor
- The Duplication of Claims Doctrine Gets Tested in a Dispute Involving an Asset Purchase Agreement and Alleged False Financial Statements
Readers of this Blog know that, as a general matter, New York courts will not permit a fraudulent inducement Indeed, courts routinely dismiss a fraudulent inducement claim where “ he existence of a valid and enforceable HMS Holdings Corp. , 127 A.D.3d 493, 494 (1st Dept. 2015) (common law fraud is duplicative of breach Defendants also contended that Did-it’s fraud claim was duplicative of its breach of contract claim because In the fraud scenario, plaintiff must prove that the financial statements were not accurate.
- Founder of PureChoice on Trial for Federal Fraud Charges
Business lawsuits involving accusations of fraud can be complicated and confusing. On the one hand, there is a successful CEO, who is alleged to have committed fraud to develop or maintain He presented Reichel as a fraud who lied to the investors who helped him establish his new business in According to the federal grand jury that indicted Reichel in 2014, he committed seven counts of wire fraud retain an experienced business law and litigation attorney if you become entangled in a lawsuit alleging fraud