Fraud and the Ice Cream Franchise
- Apr 5 2023
By: Jeffrey M. Haber In today’s article, we examine South Shore D’Lites LLC v. First Class Prods. Grp., LLC, 2023 N.Y. Slip Op. 01769 (1st Dept. Apr. 4, 2023) (here), …
Category: Puffery
The Actionability of Corporate Puffery and Statements of Opinion
- Feb 17 2021
“We make premium widgets with the highest quality metals.” Assume for the moment, the widgets are made from alloys that are prone to imperfections. Also assume that the speaker sincerely …
Puffery and the Misstatement That Wasn’t
- Oct 28 2019
To assert a fraud claim, a plaintiff must allege “a misrepresentation or a material omission of fact which was false and known to be false by defendant, made for the …
Post Cyan, New York State Court Dismisses Action Under the Securities Act of 1933
- Jul 24 2019
Following the stock market crash in 1929, Congress enacted the Securities Act of 1933 (the “1933 Act”) and the Securities and Exchange Act of 1934 (the “1934 Act”). Cyan, Inc. …
So Many Fraud Issues. So Little Space to Write About Them
- May 1 2019
This Blog has strived to highlight cases and issues that may be of interest to our readers. Sometimes, however, a case involves so many issues it is hard to isolate …
Mixed Statements of Fact and Hyperbole Found to Be Actionable for Fraud Purposes
- Apr 6 2019
One of the issues that courts have to address when deciding fraud claims is whether a statement contains hyperbole or concrete facts. The former, which are not actionable, includes puffery, …
