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Tag Archives: Fraud

Civil Practice – Removal – Diversity Jurisdiction – Fraudulent Joinder Argument – Insurance Adjuster – Unfair Trade Practices — Tort/Negligence – Fraud – Pleadings (access required)

New Jerusalem Rebirth & Restoration Ministries, Inc. v. Meyer The N.C. courts have not addressed whether an insurance adjuster may be subject to individual liability for unfair trade practices. In the absence of an N.C. case that squarely resolves that plaintiff’s claim is not actionable, there is at least some possibility that plaintiff may recover against the defendant-adjuster under G.S. Chapter 75.

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Tort/Negligence – Negligent Misrepresentation Claim – Real Property – Appraisal — Indirect Reliance – Fraud – Punitive Damages (access required)

Abraham v. Jauregui In their negligent misrepresentation claim, the plaintiff-purchasers allege that, by relying on appraisal management company HomeFocus Services, LLC’s and Bank of America’s actions in approving plaintiffs’ loan applications, plaintiffs were also relying, albeit indirectly, upon the defendant-appraisers’ representations provided to HomeFocus and Bank of America, which were contained in the appraisal reports. However, in order to state a claim for negligent misrepresentation, plaintiffs must allege direct rather than indirect reliance.

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Tort/Negligence – Professional Liability – Real Property – Appraiser – Indirect Reliance – Attorneys – Revenue Stamps Amount – Developer — Breach of Contract – Fraud (access required)

Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc. Where the plaintiff-buyers alleged, at most, that they relied on the bank’s acceptance of an appraisal report in making their decisions to buy property from the defendant-developers, such indirect reliance is insufficient to state a professional negligence claim against the defendant-appraisers.

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Workers’ Compensation – Causation – Ankle Injury – Back Pain – Income Statement – Fraud (access required)

Greenfield v. City of Greensboro Even though plaintiff contends that he reported back pain to Dr. Ryan Draper within days after his April 28, 2009 compensable ankle injury, plaintiff’s medical records show – and the Industrial Commission finds – that plaintiff first reported back pain on Nov. 30, 2009. Plaintiff’s original description of the April 28 injury (that he was exiting the front passenger side of a work truck when he stepped onto uneven ground and twisted his right ankle and heel) is more credible than his more recent description (that he stepped into a large hole, fell and twisted to grab onto the truck and also injured his back).

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Tort/Negligence – Fraud – Misrepresentations – Real Property — Mortgages & Guaranties – Foreclosure – Sale Price (access required)

BOGNC, LLC v. Cornelius NC Self-Storage LLC Only one of the third-party defendants is alleged to have presented falsified records to a foreclosure-sale bidder in order to convince the bidder not to file another upset bid. Since the third-party complaint does not allege any false representations by the other third-party defendants, the fraud claim against those other third-party defendants is dismissed.

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Tort/Negligence – Fraud – Civil Practice – Standing – Bankruptcy – Labor & Employment – Breach of Contract – Personal Jurisdiction (access required)

Stec v. Fuzion Investment Capital, LLC Where plaintiff’s fraud claim is based on acts that allegedly occurred prior to the filing of his bankruptcy petition, the acts supporting plaintiff’s fraud claim are rooted in plaintiff’s pre-petition activities and are the property of the bankruptcy estate. Therefore, plaintiff lacks standing to bring his fraud claim.

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Tort/Negligence – Fraud – Misrepresentations – Real Property – Mortgages & Guaranties – Foreclosure – Sale Price (access required)

BOGNC, LLC v. Cornelius NC Self-Storage LLC Only one of the third-party defendants is alleged to have presented falsified records to a foreclosure-sale bidder in order to convince the bidder not to file another upset bid. Since the third-party complaint does not allege any false representations by the other third-party defendants, the fraud claim against those other third-party defendants is dismissed.

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Tort/Negligence – Breach of Contract – Civil Practice – Statute of Limitations – Personal Jurisdiction – Corporate Subsidiary — Fraud – Unfair Trade Practices — Cemetery (access required)

Birtha v. Stonemor, North Carolina, LLC Plaintiffs allege that defendants misplaced their deceased loved ones’ headstones and/or remains. Plaintiffs have cited no authority to suggest that these alleged acts amount to a continually recurring violation as opposed to the continued ill effects from an original violation; therefore, the continuing wrong doctrine does not apply to toll the statute of limitations.

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