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Breach of Contract › Promissory Notes › Fraud

Morris James LLP

Superior Court CCLD Holds that Lack of Agency Relationship Between Founders and Seller Prevents Imputation of Fraud to Seller

Morris James LLP on

Pinnacle IV, L.P. v. Cyberlabs AI Holdings Ltd., C.A. No. N23C-04-021 MAA CCLD (Del. Super. July 11, 2024) - Who can be held liable for a fraudulent statement is often a key issue in fraud claims. In this decision from...more

Freiberger Haber LLP

Fraud Claim Held Not Duplicative of a Single Page Contract

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A common theme in commercial litigation is the assertion of a breach of contract claim and a fraudulent inducement claim. A plaintiff claiming a breach of contract must show (1) the existence of a contract; (2) the...more

Freiberger Haber LLP

Group Pleading, Failure to Plead Fraud with Particularity and Duplication: A Dismissal Trifecta

Freiberger Haber LLP on

As we have often explained in the articles in which we have examined fraud claims, to withstand a motion to dismiss, the plaintiff must plead fraud with particularity as required under CPLR § 3106(b), cannot lump all the...more

Bradley Arant Boult Cummings LLP

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

Bradley Arant Boult Cummings LLP on

Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2,...more

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