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: Scienter
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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 …
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 …
Fraud Notes: A Little of This. A Little of That
- May 24 2021
As we have discussed in numerous posts, plaintiffs alleging breach of contract and fraud risk having the latter cause of action dismissed because it is duplicative of the former one. …
Fraud and the Sale of An Annuity Policy
- Mar 22 2021
Fraud in the sale of securities. Such an allegation is often governed by an arbitration clause, requiring the parties to resolve their dispute before a FINRA tribunal. Not all investment …
Fraud and the Effort to Obtain an E-2 Visa
- Mar 1 2021
“You can’t have fraud if you disclose it,” said the motion court in Ibarrondo v. Evans, 2020 N.Y. Slip Op 30051(U) (Sup. Ct., N.Y. County Jan. 6, 2020) (here), aff’d, …
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 …
Fraud Notes: Scienter and The Failure to Allege Falsity
- Mar 5 2020
Many cases involving an alleged fraud typically rise and fall on the reliance element of the cause of action. Sometimes, the issue before the court is the state of mind …
Fraud Notes: Real Estate Fraud and the Misrepresentation of Material Facts
- Feb 19 2020
In today’s Fraud Notes, we look at two fraud cases involving real estate: Lash v. Schleider, 2020 N.Y. Slip Op. 30406(U) (Sup. Ct., N.Y. County Feb. 11, 2020) (here); and …
Fraud Shorts: Pleading Deficiencies, Duplication of Claims, Respondeat Superior and Apparent Authority
- Dec 4 2019
Decision day in the Appellate Division, First Department involved several cases in which the Court addressed allegations of fraud or fraudulent inducement. Many of the cases focused on the elements …
