Emergys Corp. v. Consert, Inc. Holding: Where plaintiff’s tort claims focus on alleged misrepresentations made during the parties’ contract negotiations that induced plaintiff to enter into the parties’ agreement when it otherwise would not have done so, such allegations are distinct from a breach of contract action.
Camacho v. Flowers Even though the defendant-sellers forecasted evidence that they believed the flooding problem at their home had been solved, there was a genuine issue as to whether sellers knew the property was still subject to flooding and whether the plaintiff-buyers reasonably relied on the sellers’ representation that they were unaware of any flooding problem.
Civil Practice – Statutes of Limitations – Tort/Negligence – Fraud – Real Property Conveyance – Constructive Fraud – Joint Bank Accounts
Dixon v. Gist Even though the parties’ pleadings reveal that plaintiff should have discovered any fraud in her real property conveyance more than three years before she filed suit, she nevertheless filed suit less than three years after defendants allegedly breached their fiduciary duty to her and converted the funds in her bank account.
Tort/Negligence – Fraud – Civil Practice – Statute of Limitations – Unfair Trade Practices – Parol Evidence Rule
Wood v. South Carolina Bank & Trust Co. of the Piedmont, N.A. As late as May 13, 2008, plaintiff continued to follow the defendant-bank’s instructions and contracted to sell his home. Plaintiff did not learn of the bank’s purported fraud until after the bank allegedly blocked this sale, which was in late June. Based on plaintiff’s allegations, he filed his June 20, 2011 complai[...]
Spanish Moss, LLC v. Wachovia In a January 2008 settlement agreement, defendants transferred a development project – Isla Del Rio, LLC – to plaintiffs. Plaintiffs have stated a claim for fraud based on their allegations that defendants failed to disclose that they had just accepted $60,000 in fees to manage Isla Del Rio for the first three months of 2008.
U.S. v. Hornsby The 4th Circuit reverses a Maryland school system’s chief executive officer’s convictions for honest-services fraud in connection with his involvement in securing two public contracts for school products and services, but affirms the CEO’s convictions for evidence-tampering and obstruction of justice and orders resentencing.
Contract – Release – Tort/Negligence – Fraud – Reasonable Reliance Element – Labor & Employment – Severance Agreement
Kraus v. Wells Fargo Securities, LLC Plaintiff contends that defendant fraudulently induced him to sign a release by assuring him that it had investigated plaintiff’s allegations and produced a report; however, defendant threatened to fire plaintiff without severance if he asked to see the report. Plaintiff has not alleged that he reasonably relied on defendant’s alleged misrepresenta[...]
Shamoon v. Turkow In the contract pursuant to which defendants invested in plaintiffs’ invention, the first sentence provides that defendants receive one-half percent ownership in the invention in exchange for $60,000. The second sentence says that the above grant of ownership entitles defendants to one-half percent of all proceeds from the sale of the invention. Since the second sente[...]
Rivers v. Wachovia Corp. An investor who suffered losses in 2007 when his 100,000 shares of Wachovia stock plunged from $56.65 per share price to below $1 cannot bring an individual suit based on defendant corporate officers’ alleged fraud about Wachovia’s financial health; the 4th Circuit says the investor does not qualify for any exception to the general rule that plaintiff must use[...]
Tort/Negligence – Fraud – Reasonable Reliance – Jury Instruction – Burden-Shifting – Real Property – No Inspection
Flanary v. Wilkerson In this case of a home buyer alleging fraud against the home sellers, the trial court instructed the jury, “Even where a plaintiff’s reliance is unreasonable, in close cases, sellers who intentionally and falsely represent material facts so as to induce a party to action should not be permitted to say in effect, ‘You ought not to have trusted me. If you had not[...]
Raleigh Plumbing & Heating, Inc. v. Lamanna Even though the defendant-debtor had a full and fair opportunity to litigate the plaintiff’s fraud claim in state court, the state court’s no-response default judgment was not the result of the actual litigation of plaintiff’s fraud claim. Plaintiff is not entitled to summary judgment.
A lawsuit filed in federal court in Raleigh by RBC Bank against two attorneys and Chicago Title Insurance Company, stemming from a massive mortgage fraud scheme in Myrtle Beach, has been transferred to federal court in South Carolina. In January, RBC sued South Carolina attorneys Robert A. Hedesh and Robert H. Gwin for negligence and breach of fiduciary duty in connection with their roles as cl[...]
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