News & Analysis as of

Fraud › Final Judgment

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

King Bun Limited and Others v. Lau Man Sang, James and Others - Claim No. BVIHC (COM) 2017/086

Conyers on

Nov 2023 In August 2021, the BVI Commercial Court handed down judgment on liability in favour of the Claimants against seven directors of Vanway for carrying out a fraud on the minority shareholders, in selling the assets of...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Affirms Decision to Vacate Judgment Following Evidence of Fraud

Fitch, Even, Tabin & Flannery LLP on

On May 5, in Cap Export, LLC v. Zinus, Inc., the Federal Circuit held that a district court properly vacated its earlier judgment of infringement in favor of Zinus after evidence came to light that Zinus’s president gave...more

Latham & Watkins LLP

Fraud Unravels All – Even Post-Judgment

Latham & Watkins LLP on

English Supreme Court rules that there is no reasonable diligence requirement barring a fresh action to set aside a judgment obtained by fraud. Introduction - In Takhar v Gracefield Developments Limited and others...more

A&O Shearman

Delaware Court Of Chancery Holds Alleged Breaches Of Representations Do Not Excuse Buyers' Noncompliance With Post-Closing...

A&O Shearman on

On October 29, 2018, Chancellor Andre G. Bouchard of the Delaware Court of Chancery entered final judgment on counterclaims seeking to enforce covenants in a stock purchase agreement requiring the buyers to remit certain tax...more

Ervin Cohen & Jessup LLP

Bankruptcy Bleak House—The Limited Ability of Bankruptcy Courts to Enter Final Judgments

Ervin Cohen & Jessup LLP on

In Stern V. Marshall, ____ U.S ___, 131 S. Ct. 2594 (2011), the Supreme Court held that bankruptcy courts cannot issue final judgments on state law counterclaims even though they are “core proceeding”. Stern V. Marshall is...more

Shumaker, Loop & Kendrick, LLP

After One Year, Judgment Can Only Be Set Aside for Extrinsic Fraud

Shumaker, Loop & Kendrick, LLP on

On February 25, 2010, an agreed final judgment of foreclosure was entered pursuant to a settlement agreement between the original lender and the defendants/appellees. ...more

Shumaker, Loop & Kendrick, LLP

Record Evidence Did Not Support Finding of Fraud on the Court – Ford v. Stimpson

Shumaker, Loop & Kendrick, LLP on

In this products liability case, final judgment was entered in favor of the defendant following a four-week jury trial. The plaintiff alleged that the defendant had committed fraud on the court and sought to set aside the...more

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