Fraudulent Concealment and the Caveat Emptor Doctrine
- Jul 10 2023
By: Jeffrey M. Haber On October 8, 1971, ABC aired an episode of The Brady Bunch, titled “The Wheeler-Dealer”. In the episode, Greg gets his driver’s license and wants to …
Category: Due Diligence
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Fraud and the Ice Cream Franchise
- Apr 5 2023
By: Jeffrey M. Haber In today’s article, we examine South Shore D’Lites LLC v. First Class Prods. Grp., LLC, 2023 N.Y. Slip Op. 01769 (1st Dept. Apr. 4, 2023) (here), …
Champerty and Fraud . . . What a Combination!
- Mar 8 2023
By: Jeffrey M. Haber It is not often that we examine a case involving a cause of action for champerty. The last time we did so was on April 23, …
Facts Learned From Deposition Insufficient to Support Motion to Renew
- Jun 6 2022
By: Jeffrey M. Haber It goes without saying that lawyers do not win every motion they make. When that happens, a lawyer can appeal the order or avail himself/herself of …
“‘John Doe’ and the Statute of Limitations” May be the Worst Name for a Rock Band
- Aug 6 2021
Frequently in litigation, a plaintiff commences an action before the identity of all defendants are known. For example, in mortgage foreclosure actions “John Does” and/or “Jane Does” are named as …
Court Declines to Determine Whether Due Diligence Could Have Uncovered an Alleged Fraud in Light of The Documents Provided to the Plaintiff
- Jan 21 2019
To plead a fraud or fraudulent inducement claim, a plaintiff must allege the following: “a misrepresentation or a material omission of fact which was false and known to be false …
