Lost Profits and Promises of Future Performance
- Feb 16 2022
By: Jeffrey M. Haber It is not uncommon for parties in commercial transactions to include in their contracts a provision that limits the types of damages recoverable in the event …
Category: Fraud
Fraud Claim Dismissed On Statute Of Limitations Grounds Because Plaintiff Could Not Avail Itself of the Discovery Rule
- Feb 10 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 …
Fraudulent Conveyances Under The Former DCL
- Feb 2 2022
By: Jeffrey M. Haber On April 4, 2020, the New York Uniform Voidable Transactions Act (“NYUVTA”) became effective, replacing Article 10, Sections 270-281 of the Debtor and Creditor Law (“DCL”), …
Justifiable Reliance: Blind Trust is No Substitute for Due Diligence
- Jan 28 2022
By: Jeffrey M. Haber To plead a cause of action for fraud or fraud in the inducement, a plaintiff must allege facts to support the claim that he or she …
Estoppel/Ratification Principles Undermine Fraudulent Inducement Claim
- Jan 26 2022
By: Jeffrey M. Haber As readers know, we write about cases involving fraud. The articles we write almost always concern the specific elements of the claim, such as scienter and …
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 …
Update: Broad Releases and The Duplication Doctrine
- Jan 10 2022
By: Jeffrey M. Haber Last April, this Blog wrote about Sodhi v. IAC/InterActiveCorp, 2021 N.Y. Slip Op. 31220(U) (Sup. Ct., N.Y. County Apr. 8, 2021) (here), an action to recover money …
Out-Of-Pocket Damages, Intent to Deceive and The Business Judgment Rule
- Dec 29 2021
By: Jeffrey M. Haber To allege a cause of action based on fraud, plaintiffs must assert “a misrepresentation or a material omission of fact which was false and known to …
Wills, Promises to Perform, Representations to Third Parties and Loss Causation
- Dec 8 2021
By: Jeffrey M. Haber As readers of this Blog know, one of the elements of a fraud claim is reliance. In the typical case, the defendant makes a false or …
Disclaimers and Justifiable Reliance – What a Pair!
- Dec 6 2021
By Jeffrey M. Haber As readers of this Blog know, to recover damages for fraud, a plaintiff must allege “a misrepresentation or a material omission of fact which was false …
