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Fraud

Apr 11, 2012

Contract – Software Development – Nonpayment – Tort/Negligence – Fraud – Unfair Trade Practices

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.

Apr 10, 2012

Tort/Negligence – Fraud – Real Property – Flooding Problems

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.

Apr 3, 2012

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.

Feb 21, 2012

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[...]

Feb 17, 2012

Tort/Negligence – Fraud – Settlement Agreement – Management Fee – Failure to Disclose

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.

Feb 2, 2012

Criminal Practice – Fraud – Schools & School Boards – CEO – Public Contracts – Evidence Tampering

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.

Jan 24, 2012

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[...]

Dec 30, 2011

Intellectual Property – Patent – Sale Contract – Construction of Terms – Tort/Negligence – Fraud

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[...]

Dec 27, 2011

Corporate – Tort/Negligence – Fraud — Investor – Individual Lawsuit – Derivative Shareholder Claim

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[...]

Nov 21, 2011

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[...]

Nov 2, 2011

Civil Practice – Collateral Estoppel – Default Judgment – Fraud – Dischargeability

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.

Oct 21, 2011

Bank’s suit against pair of attorneys moved to S.C. 

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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