News & Analysis as of

Fraud Civil Conspiracy

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

Talc Defendants’ Motion to Dismiss Punitive Damages Claim Granted; Motion to Dismiss Civil Conspiracy Claim Denied

Goldberg Segalla on

U.S. District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his...more

White and Williams LLP

PA Supreme Court Limits Exceptions to Otherwise Time-barred Childhood Sexual Abuse Cases Against Institutional and Corporate...

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Earlier today, the Pennsylvania Supreme Court held that a victim of childhood sexual abuse must exercise due diligence to discover whether an institutional or corporate principal of the abuser is also a cause of their...more

White & Case LLP

National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts

White & Case LLP on

National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more

ArentFox Schiff

Investigations Newsletter: Genetic Testing Company and Three Principals Settle FCA Allegations for $42.6 Million

ArentFox Schiff on

Genetic Testing Company and Three Principals Settle FCA Allegations for $42.6 Million - On October 9, 2019, New Orleans-based laboratory company UTC Laboratories Inc. (RenRX) agreed to pay $41.6 million, and its three...more

Dechert LLP

Data Subject Access Requests in the UK: Latest High Court Guidance – Recipients and Sources of Information

Dechert LLP on

A recent High Court decision concerning compliance with a data subject access request considered the basis upon which an individual can require the data controller to provide the names of those in receipt of his or her...more

Harris Beach PLLC

Doe v. Merck: Vaccine Autism Lawsuit Dismissed as Baseless

Harris Beach PLLC on

The claim that the MMR vaccine caused autism was meritless on its face, held the U.S.D.C., Eastern District of New York (Doe v. Merck & Co, Inc.). The action filed on behalf of “Baby Doe” stemmed from Merck-manufactured...more

Winstead PC

The Velvet Hammer: Undue Influence Based On Deceit, Fraud, and Relationship Poisoning and a Financial Institution’s Duty To Report...

Winstead PC on

The normal view of undue influence involves an actor threatening an elderly or infirm person into signing a document that he or she otherwise would not sign. One imagines the actor having control over the person and threating...more

Carlton Fields

New York’s First Department Upholds Fraud Claim Involving Alleged Sham Reinsurance Scheme

Carlton Fields on

In an action alleging claims for fraud and conspiracy to commit fraud (among others), a New York appellate court upheld the trial court’s conclusion that the “defendants are subject to jurisdiction under New York’s long-arm...more

Winstead PC

Court Affirmed Judgment Against Trust Settlor Who Raised Fraud And Other Related Claims Against An Insurance Agent

Winstead PC on

In Jessen v. Duvall, an investor who established trusts to purchase life insurance policies sued an insurance agent for tort claims, including fraud, conspiracy, and aiding and abetting breach of fiduciary duty based on the...more

Seyfarth Shaw LLP

Popular Insulated Cup Manufacturer In Hot Water Over Alleged Trade Secret Misappropriation

Seyfarth Shaw LLP on

Tervis Tumbler Company, the maker of the infamous insulated tumblers, has found itself in hot water with a former supplier, Trinity Graphic. ...more

Dechert LLP

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

Carlton Fields

Variable Annuity with a No-lose Death Benefit Is Not Subject to the Statutory and Common Law Insurable Interest Requirement -...

Carlton Fields on

Western Reserve Life Assurance Co. of Ohio v. ADM Associates, LLC, 116 A.3d 794 (R.I. 2015) - Case at a Glance - In a case of first impression, the Rhode Island Supreme Court held that a particular variable annuity...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Katten Muchin Rosenman LLP

Investor Claims NetTALK Executives Took Control of Board

On November 5, Telestrata, LLC brought a derivative shareholder action and direct action against NetTALK.com, Inc., a publicly traded telecommunication company, and NetTALK’s directors and officers, alleging that the...more

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