News & Analysis as of

Misrepresentation Damages Fraud

Troutman Pepper Locke

Florida AG Settles Alleged Moving Brokerage Scheme, Banning Defendants and Securing $4M in Judgments

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On March 21, Florida Attorney General (AG) James Uthmeier’s Consumer Protection Division announced the resolution of ongoing litigation against a network of moving brokerage companies accused of misleading consumers. These...more

Gray Reed

Scribner’s Error: A Cautionary Tale of Oil & Gas Fraud

Gray Reed on

DALF Energy, LLC v. GS Oilfield Services addresses a fiduciary’s deceptive actions in oil and gas transactions. The Fifth Circuit held: self-dealing may constitute a breach of fiduciary duty even when the principal is...more

Mayer Brown

The Misrepresentation of Moths – Lessons from a Yarn

Mayer Brown on

It is the stuff of nightmares. Dr Yevhen Hunyak, described by the Judge in the case as "a cautious person", and Iya Patarkatsishivili were careful to visit their prospective home more than half a dozen times between Spring...more

Freiberger Haber LLP

Summary Judgment Granted Because Reliance on Defendants’ Alleged Misrepresentations Was Not Justifiable

Freiberger Haber LLP on

The justifiable reliance element has been described as a “fundamental precept” and a “venerable rule”. The requirement is one of the five elements of a fraud cause of action: (1) a misrepresentation or a material omission of...more

Freiberger Haber LLP

Caveat Emptor and Reasonable Reliance on Fraudulent Misrepresentations When Purchasing Real Property

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Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property. As readers of this BLOG know, a “cause of action to recover damages for fraudulent...more

Freiberger Haber LLP

Fraud Notes: Two Cases and The Examination of Scienter

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To state a cause of action for fraud, a plaintiff must allege “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” The...more

Freiberger Haber LLP

Fraud Notes: Duplication, Failure to Identify Misrepresentations of Fact, and Fraudulent Concealment

Freiberger Haber LLP on

On August 23, 2023, the Appellate Division, Second Department issued two decisions that briefly touched upon fraud causes of action: Hershman v. Bank of N.Y. Mellon, 2023 N.Y. Slip Op. 04369 (2d Dept. Aug. 22, 2023) (here),...more

White & Case LLP

HP v Autonomy: The “fake it ‘till we make it” start-up culture on trial

White & Case LLP on

In its long-awaited judgment, the English High Court1 has found that the British software firm Autonomy defrauded the US tech giant Hewlett-Packard (HP) and induced its own acquisition for the price of US$11.1bn...more

Morris James LLP

Delaware Supreme Court Concludes Out-of-Pocket Damages Are the Default Remedy for Fraudulent Misrepresentation Absent an...

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LCT Capital, LLC v. NGL Energy Partners, LLP, App. Nos. 565,2019 & 568,2019 (Del. Jan. 28, 2021) - Delaware law recognizes both benefit-of-the-bargain damages and out-of-pocket damages as remedies for fraudulent...more

McCarter & English, LLP

The Delaware Court Of Chancery Finds That Fraud May Serve As An Alternate Source Of Recovery For Aggrieved Purchasers

McCarter & English, LLP on

Swift Acquisition Corp. v. Krauss, et al., Case No. 2019-0509-PAF (Del. Ch. Aug. 25, 2020)—The Delaware Court of Chancery may permit a purchaser to pursue claims for breach of contract and fraud against a seller and its...more

Smart & Biggar

Apotex not permitted to plead promise-based invalidity grounds in Ontario section 8 lansoprazole action

Smart & Biggar on

This motion arose in the context of a section 8 action in which Apotex claims damages for delay in the issuance of its notice of compliance for its generic lansoprazole product (Takeda's PREVACID), due to prohibition...more

Bass, Berry & Sims PLC

Small Business Fraud Leads to Large Monetary Liability in Recent Cases

Two Washington, D.C. area government contractors have agreed to pay the government for their respective roles in defrauding the U.S. Small Business Administration (SBA) in schemes to fraudulently obtain government contracts...more

Morrison & Foerster LLP - Social Media

First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)

Under section 512(f) of the Digital Millennium Copyright Act (DMCA), copyright owners are liable for “any damages” stemming from knowingly false accusations of infringement that result in removal of the accused online...more

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