News & Analysis as of

Motion to Dismiss Fraudulent Inducement

Freiberger Haber LLP

Fraudulent Inducement, Merger Clauses and Duplication

Freiberger Haber LLP on

A couple of months ago, we examined NW Media Holdings Corp. v. IBT Media Inc., 2023 N.Y. Slip Op. 30875(U) (Sup. Ct., N.Y. County Mar. 22, 2023) (here), a case in which a lower court addressed the question whether the...more

McGuireWoods LLP

Delaware Court Holds Parties Cannot Negotiate Away Fraudulent Inducement Claims

McGuireWoods LLP on

In an Aug. 12, 2021, opinion, the Delaware Chancery Court examined two seller-friendly purchase agreement provisions and held that public policy and Delaware law prevented the seller from invoking the provisions to block...more

Cadwalader, Wickersham & Taft LLP

2019 Year in Review: Securitization Litigation and Regulation

There were significant developments in 2019 as courts continued to issue important decisions in this space and significant legislation impacting the residential mortgage-backed securities (“RMBS”) market came into effect.  A...more

Womble Bond Dickinson

If You Don’t Do Your Due Diligence, Your Fraud Claim Might Fail

Womble Bond Dickinson on

Where a business fails to allege that it was denied the opportunity to investigate certain representations or that it could not have learned the true facts about the representations through reasonable due diligence, its claim...more

Morris James LLP

Delaware Superior Court Explains When Fraud Claims May Survive An Integration Clause

Morris James LLP on

Flowshare, LLC v. Georesults Inc., C.A. N17C-07-227 EMD CCLD (July 25, 2018) - This decision explains when a fraud claim survives a motion to dismiss that is based on the argument that an integration clause in a contract...more

Farrell Fritz, P.C.

Treasury Secretary Escapes Fraud Claims

Farrell Fritz, P.C. on

On June 5, 2018, in RKA Film Financing, LLC v. Kavanaugh et al., the First Department unanimously affirmed the Supreme Court, New York County’s decision absolving the United States Secretary of the Treasury, Steven Mnuchin,...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Flags Novel Issue of Reasonable Reliance In LLC Member Battle

In PMC Aviation 2012-1 LLC et al. v. Jet Midwest Group, LLC et al., No. 654047/2015, BL221447 (Sup. Ct. Jun. 21, 2017), Commercial Division Justice Shirley Kornreich denied a motion to dismiss a fraudulent inducement claim by...more

Dorsey & Whitney LLP

First Circuit Affirms Dismissal For CVS Caremark Under Public Disclosure Bar

Dorsey & Whitney LLP on

The FCA’s public disclosure bar precludes liability when a relator’s allegations have been publicly disclosed in a list of statutorily enumerated sources. Last week, the First Circuit added to the growing jurisprudence both...more

Morris James LLP

Superior Court Explains Reliance Disclaimer Clauses

Morris James LLP on

A party to a contract may try to limit any future claims of fraudulent inducement by providing an anti-reliance clause in its contracts. As this decision explains, such clauses need to be carefully drafted and particularly...more

Orrick - Finance 20/20

Morgan Stanley’s Motion to Dismiss $757 Million RMBS Suit Denied in Part

Orrick - Finance 20/20 on

On July 13, Justice Eileen Bransten of the New York Supreme Court denied Morgan Stanley’s motion to dismiss MetLife’s common law fraud and fraudulent inducement claims....more

Orrick - Finance 20/20

District Court Denies Countrywide’s Motion to Dismiss AIG Suit

Orrick - Finance 20/20 on

On May 6, Judge Mariana Pfaelzer of the United States District Court for the Central District of California allowed American International Group, Inc. (AIG) to proceed with several of its claims against Bank of America and...more

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