The Duplication Doctrine and Justifiable Reliance
- Dec 21 2022
By: Jeffrey M. Haber In ABN AMRO Capital USA LLC v. AMERRA Capital Mgt., LLC, 2022 N.Y. Slip Op. 07178 (1st Dept. Dec. 20, 2022) (here), the Appellate Division, First …
Category: Duplication Doctrine
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Defendants’ Inconsistent Positions Suffice to Satisfy Justifiable Reliance Element of Fraud Claim
- Nov 30 2022
By: Jeffrey M. Haber One of the elements of a fraud claim that plaintiffs have difficulty satisfying is justifiable reliance. For this reason, the justifiable reliance element is most often …
Fraud, Group Pleading and Particularity
- Jul 13 2022
By: Jeffrey M. Haber In Yunjie Yang v. Knights Genesis Group, 2022 N.Y. Slip Op. 32126(U) (Sup. Ct., N.Y. County July 6, 2022) (here), the court was asked to consider …
For Various Reasons, Pre- and Post- Contract Misrepresentations Found To Duplicate Breach of Contract Claim
- Jun 29 2022
By: Jeffrey M. Haber The Duplication Doctrine is well-known to readers of this Blog. In a nutshell, the doctrine holds that “[a] cause of action for fraud does not arise …
Court Allows Fraud Claim To Stand With Breach of Contract Claim Despite Some Overlap in Claims
- May 4 2022
By: Jeffrey M. Haber As a general matter, a fraud claim is not duplicative of a contract claim where the plaintiff alleges misrepresentations of fact, as opposed to misrepresentations of …
A Fraud That is Collateral to The Contract and Not Barred By The Merger Clause
- Apr 11 2022
By: Jeffrey M. Haber Over the years, this Blog has examined numerous cases (indeed, too many to link to) in which the plaintiff claims to have been fraudulently induced to …
Fraud Claim Dismissed on Statute of Limitations Due To Inquiry Notice
- Mar 16 2022
By: Jeffrey M. Haber Under New York law, an action based upon fraud must be commenced within six years of the date the cause of action accrued, or within two …
Promise to Provide Products Not Required Under Contract Defeats Claim of Duplication
- Mar 14 2022
By: Jeffrey M. Haber A recurring theme in fraud jurisprudence is the dismissal of fraud claims that duplicate breach of contract claims. As we have noted, a fraud claim will …
Dispute Resolution Clause Bars Breach of Contract and Fraudulent Inducement Claims
- Feb 23 2022
By: Jeffrey M. Haber When someone speaks of a dispute resolution clause, lawyers most likely think the speaker is referring to an arbitration clause. But, as discussed in Innovative Concepts …
Fraud Notes: Fraudulent Inducement With Duplication on Top
- Jan 12 2022
By: Jeffrey M. Haber Yesterday, the Appellate Division, First Department decided three cases involving claims for fraudulent inducement. We examine each of these cases below. Artemus USA LLC v. Leila Taghinia-Milani …
