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Freiberger Haber applies more than 60 years of combined experience to deliver sophisticated and creative representation

claims are not duplicative of breach of contract claims when they are based on misrepresentations of present interfere with Metropolitan’s rights, and held that the fraud claims, centered on inflated inventory representations extended a $20 million credit facility, with $16 million funded at closing, based primarily on alleged representations Metropolitan claimed that the inventory lists and valuations presented to Metropolitan to support the It also asserted fraud claims, contending the loan was induced by false inventory representations and

alleged that the continued interaction with the same ALTOUR personnel led them to believe ALTOUR’s representation rule, arguing that plaintiffs could have discovered the truth given Milne’s skepticism about ALTOUR’s representations merely “skeptical” of defendants’ statements but were nevertheless deceived by ALTOUR’s subsequent representation

This representation, said the motion court, could conceivably give rise to a false impression that WHAG Further, the Court held that DirecTV reasonably relied on Nexstar’s representations about WHAG becoming As plaintiff did not have access to the relevant information, it reasonably relied on the fraudulent representations DirecTV to agree to the Unlaunched Station Fee provision based on a misleading or materially incomplete representation (2d Cir. 1993) (citing Junius , 257 N.Y. at 400; see also Restatement (Second) of Torts, § 529 (“ representation

million in investor proceeds directly between portfolio companies, contrary to the written and oral representations

All the foregoing representations, said plaintiffs, were memorized in the written purchase agreement. Based on the alleged fraudulent representation that the mortgage would be paid off, plaintiffs transferred

. . provide an insufficient basis upon which to predicate a claim of fraud.”[32] Thus, for example, representations exercised “ordinary intelligence” in ascertaining “the truth or the real quality of the subject of the representation .”[40] Where the falsity of a representation could have been ascertained by reviewing “publicly available failed to allege facts to support an inference of scienter or that plaintiff reasonably relied on the representations .3d 517 (1st Dept. 2017) (citations omitted) (dismissing plaintiff’s fraud claim because the alleged representations

Despite these representations, the ingredient panel on the back listed sodium diacetate and malic acid—both The representations about flavoring, as opposed to ingredients, said defendant, were standard marketing motion court. [16]  Therefore, the motion court found that the “complaint conflate[d] the packaging’s representations

Freiberger Haber applies more than 60 years of combined experience to deliver sophisticated and creative representation

Defendant allegedly made these and similar representations on his website, on social media sites, during presentations to potential investors, and during financial coaching seminars. Despite these core representations and promises, claimed the SEC, defendants spent only a small fraction Fraudsters use this complexity to their advantage, presenting fake or exaggerated investment opportunities

Specifically, said the SEC, notwithstanding Invesco making representations to clients and prospective actions discussed above show that the SEC will not tolerate vague, unverified, and unsubstantiated representations

On the issue of fraud, the Court stated: “Whether representations were made to plaintiffs, whether such representations induced plaintiffs to purchase the house, what the actual condition of the house foundation court explained that “plaintiff sufficiently allege[] that it justifiably relied on the defendants’ representations operation of a food concession, that it would have exclusive rights to sell food at the theater, that those representations plaintiff the enter the agreement, and that the plaintiff sustained damages as a consequence of such false representations