The Many Facets of a Fraudulent Inducement Claim
- Jan 11 2023
By: Jeffrey M. Haber We start the new year off examining Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 N.Y. Slip Op. 50020(U) (Sup. Ct., N.Y. County Jan. 6, …
Category: Fraudulent Inducement
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 …
Justifiable Reliance Negated by the Terms of the Contract Executed by The Allegedly Defrauded Party
- Dec 19 2022
By: Jeffrey M. Haber As readers of this Blog know, we have often written about the justifiable reliance element of a fraud claim. Considered by the courts to be nettlesome,1 …
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 …
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 …
Omissions Save Fraud-Based Counterclaims From Dismissal
- Oct 3 2022
By: Jeffrey M. Haber In past articles, we have noted the importance of identifying the statements claimed to be false and misleading. In this regard, we talked about the need …
Fraud and The Theater Food Concession
- Sep 12 2022
By: Jeffrey M. Haber One of the elements of a fraud claim that plaintiffs have difficulty satisfying is justifiable reliance. As evident from the reported decisions, the justifiable reliance element …
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 …
Fraud Notes: You Win Some, You Lose Some
- May 20 2022
By: Jeffrey M. Haber In today’s Fraud Notes, we examine three decisions issued by the Appellate Division, First Department in which themes familiar to readers of this Blog are at …
