News & Analysis as of

Fraud › Equitable Relief

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Winstead PC

ICC FraudNet Global Annual Report - Using Receiverships to Investigate and Combat Fraud

Winstead PC on

In this article, Joe Wielebinski and Matthias Kleinsasser of Winstead PC provide an overview of U.S. receivership law and discuss how this equitable remedy may be used to combat fraud alone, or in concert with other creditor...more

Jones Day

Supreme Court Ruling in Statute-of-Limitations Case has Wide-Ranging Implications

Jones Day on

The Situation: The Fair Debt Collection Practices Act ("FDCPA") allows plaintiffs to sue over abusive debt-collection practices within one year of "the date on which the violation occurs." 15 U.S.C. § 1692k(d). The U.S. Court...more

Hudson Cook, LLP

After Oral Argument, High Court Seems Poised to Preserve FDCPA Status Quo

Hudson Cook, LLP on

In Rotkiske v. Klemm, the Supreme Court has the opportunity to do what many plaintiffs’ attorneys have dreamed of for years:  effectively expand the FDCPA’s one-year statute of limitations by applying the “discovery rule” to...more

Michigan Auto Law

Michigan No Fault Insurance Ruling Reversed

Michigan Auto Law on

Bazzi reversed. Innocent car accident victims protected. Bazzi v. Sentinel ruling stops auto insurance companies from automatically denying No-Fault benefits to blameless car crash victims based on fraud by an insured....more

Winstead PC

Court Holds that Disgorgement Award for Breach of Fiduciary Duty Was Neither Punitive Nor Excessive and that Exemplary Damages...

Winstead PC on

A court of appeals recently issued an opinion rejecting a fiduciary’s claims regarding the excessiveness of the trial court’s judgment that awarded disgorgement and exemplary damages. In Swinnea v. ERI Consulting Engineers,...more

Dechert LLP

Clear Contractual Terms Prevail Over Equitable Principles in Bankruptcy Cases (Again)

Dechert LLP on

Bankruptcy courts in the U.S. are widely viewed as favorable fora for debtors, trustees and creditors’ committees to pursue creative and difficult causes of actions against deep-pockets lenders and others in an attempt to...more

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