Equitable Estoppel: Reliance and Detriment
- Nov 28 2024
“The doctrine of equitable estoppel prevents a party from denying her own expressed or implied admission which has in good faith been accepted and acted upon by another.”[1] “The purpose …
Category: Reliance
Assignees Beware: The Right to Assert a Fraud Claim Related to A Contract or Note Does Not Automatically Transfer with The Assignment of the Contract or Note
- May 26 2023
Query: does the recipient of an assignment via a contract or a note automatically have the right to assert tort claims, including fraud claims, arising from that contract or note? In …
You Can’t Have A Fraud If You Don’t Have A Communication In Which A False Statement Is Made
- May 15 2023
By: Jeffrey M. Haber To plead a fraud cause of action, a plaintiff must allege: (1) a misrepresentation of material fact; (2) falsity; (3) scienter; (4) justifiable reliance; and (5) …
Legal Opinion Letters Can Be Fraudulent
- Apr 24 2023
By: Jeffrey M. Haber In Lucky of 195 Madison St. Roofing & Contracting Inc. v. Creif, 109 LLC, 2023 N.Y. Slip Op. 02065 (1st Dept. Apr. 20, 2023) (here), the …
After Leave to Replead, Plaintiffs Plead Fraud With Particularity Sufficient to Withstand A Motion to Dismiss
- Jun 10 2020
Pleading fraud with particularity is not easy. Sometimes the information needed to satisfy the requirement is peculiarly within the knowledge of the defendant. Other times, the information needed is found in lawsuits, …
Plaintiff’s Reliance on Third Party Insufficient to Establish Reliance Element of a Fraud Claim
- Jun 8 2020
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 misleading statement directly to …
The Duty to Another in the Context of Negligence, Negligent Misrepresentation and Fraud Causes of Actions
- May 11 2020
This Blog has examined cases involving the duty to disclose information, often in the context of an alleged omission (E.g., here). In today’s article, we primarily look at the duty …
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 …
