The Special Facts Doctrine and Loss Causation
- Jan 10 2024
By: Jeffrey M. Haber In many of the fraud cases that we examine, the plaintiff alleges that the defendant made an affirmative misrepresentation of fact upon which he/she relied. As we …
Category: Duty To Disclose
Fraud Notes: Duplication, Failure to Identify Misrepresentations of Fact, and Fraudulent Concealment
- Aug 24 2023
By: Jeffrey M. Haber 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, …
Publicly Available Information Negates Fraudulent Concealment Claim
- Mar 1 2023
By: Jeffrey M. Haber In 228 W. 72 LLC v. 228A W. 72 LLC, 2023 N.Y. Slip Op. 01057 (1st Dept. Feb. 28, 2023) (here), the Appellate Division, First Department …
Omission Case Dismissed Because Defendants Had No Duty to Disclose
- Jan 23 2023
By: Jeffrey M. Haber Typically, when a plaintiff claims to have been defrauded, he/she typically argues that the defendant made an affirmative misrepresentation of fact. Fraud does not, however, always …
Fraud Notes: Scienter, Predictions, Promises of Future Performance, Loss Causation, and the Duty to Disclose
- Dec 12 2022
By: Jeffrey M. Haber “The elements of a cause of action for fraud require a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable …
Fraud Notes: Accounting Fraud, Scienter, Justifiable Reliance and the Statute of Limitations – A Potpourri of Fraud Allegations
- May 27 2021
In today’s Fraud Notes, we examine Bullen v. CohnReznick, LLP (1st Dept. May 27, 2021) (here), and Sabourin v. Chodos, (1st Dept. May 27, 2021) (here), both decided by the …
Fantasy Baseball and the Sign-Stealing Scandal: Court Dismisses Class Action Lawsuit Brought By Fantasy Baseball Fans
- Apr 17 2020
As baseball fans know, Major League Baseball (“MLB”) was rocked by the sign-stealing scandal involving the Houston Astros and, to a somewhat lesser extent, the Boston Red Sox. Not only …
Alleged Fraud, Undue Influence and Financial Exploitation Withstand Motion to Dismiss an Action Brought by the Charity of a Radio Pioneer
- Aug 14 2019
On July 15, 2019, New York Surrogate Nora Anderson denied, in part, a motion to dismiss the petition filed by Radio Drama Network, Inc. (“Radio Drama” or “Petitioner”), in which …
Fraudulent Concealment and the Failure to Allege a Duty to Disclose
- Jul 25 2019
On July 18, 2019, Justice Joel M. Cohen of the Supreme Court, New York County, Commercial Division, decided Shyer v. Shyer, 2019 N.Y. Slip Op. 32138(U) (Sup. Ct., N.Y. County …
