Fraud by Omission
- Jan 13 2021
When a person claims fraud, he/she typically claims that the alleged wrongdoer made an affirmative misrepresentation of fact. Fraud does not, however, always concern an affirmative statement. Sometimes a person …
Category: Fraud
A New Year, Same Result: Fraud Claim Dismissed as Duplicative of Contract Claim
- Jan 6 2021
A “recurring question” courts in New York grapple with is whether the facts alleged in a complaint give rise to sustainable claims for both breach of contract and fraudulent inducement. …
“Self-Styled ‘Long-Established and Well-Regarded’ Commodities Futures Commission Merchant” Loses Fraud Claim On Justifiable Reliance Grounds
- Dec 16 2020
To plead a claim for fraud in the inducement or fraudulent concealment, a plaintiff must allege facts to support the claim that it justifiably relied on the alleged misrepresentations. A …
Fraud and The Alleged Failure to Register Under BCL § 1312(a)
- Dec 14 2020
In New York, foreign entities – that is, corporations, limited liability companies and partnerships authorized to do business in another jurisdiction or country – are required to register to business …
Court Holds The McCoys Were On Inquiry Notice of Defendants’ Alleged Fraud
- Nov 25 2020
Hang on Sloopy was a hit song in the mid-1960s. Years later, the band that performed and recorded the song – the McCoys – claimed that they were cheated out …
First Department Affirms Finding That Transfer of Property to Newly Created Company To Avoid Foreclosure Judgment Fraudulent For Purposes of Former DCL § 276
- Nov 23 2020
Sometimes, a case involves facts and circumstances that, on their face, lead a court to determine that a fraud was committed. Such was the case in First Franklin Fin. Corp. …
Second Department Finds Exceptional Circumstances Sufficient To Support Fraud Claim Against Insurer
- Nov 9 2020
Disputes between an insured and insurer occur all the time. These disputes often concern whether the policy covers a certain event. Sometimes, as in AB Oil Servs., Ltd. v. TCE …
The Duplication of Claims Doctrine Strikes Again
- Oct 28 2020
Readers of this Blog know that, as a general matter, New York courts will not permit a fraud-based claim (i.e., fraudulent inducement) to survive a motion to dismiss when the …
REFORMATION OF CONTRACTS
- Oct 16 2020
In order for the conduct of business to proceed in an orderly fashion, folks need to be confident that, in general, the contracts that they enter into, particularly when “the …
Enforcement News: SEC Charges Two Maryland Companies and Their Principals For Conducting a Ponzi Scheme Bilking Investors Out Of More Than $27 Million
- Sep 9 2020
A Ponzi scheme is an investment fraud that involves the payment of purported returns to existing investors from funds contributed by new investors. Ponzi scheme organizers often solicit new investors …
