Sentences with phrase «fraudulent actions caused»

The jury also returned $ 40 million in punitive damages after finding that the bank's fraudulent actions caused harm to the parties.

Not exact matches

Specifically, he asserted the following causes of action: «(1) counts one and two - fraudulent concealment and fraud; (2) count three - civil conspiracy; (3) counts four and five - negligence; (4) count six - negligent misrepresentation; (5) counts seven and eight - negligent hiring and retention; and (6) count nine - wrongful death and survival.

Filing Chapter 7 or Chapter 13 Bankruptcy does not discharge all debts including student loans, current tax obligations, debts from willful and malicious injuries to persons or property, debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or drugs, debts from fraudulent actions, Debts that were not included in the bankruptcy schedules in time to allow creditors to file proofs of claim (unscheduled debts), and child support or spousal support.

Debts which are not eligible for discharge are listed under the Bankruptcy Code 11 U.S.C. § 523 and include fraudulent Actions, student loans (unless payment will impose an «undue hardship» to such an extent that the debtor will not be able to maintain even a minimal living standard), child and spousal support, current tax obligations, and debts from willful and malicious injuries to persons or property or debts for personal injuries caused from the debtor's operation of a motor vehicle while under the influence of alcohol or drugs.

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But, here, two of the Second Circuit's active judges ruled against Marblegate, the dissent was by a senior judge who can not vote on an en banc petition, and the Second Circuit has historically granted fewer en banc rehearings than any other circuit court.5 Other avenues could include Marblegate filing a petition for a writ of certiorari with the US Supreme Court and / or pursuing other federal or state law remedies, including state law theories of successor liability or fraudulent conveyance against the new EDMC subsidiary, theories that the Second Circuit noted as potential causes of action but did not analyze.

The motion judge refused to stay Haas's action, determining that the «pith and substance» of most of the claims advanced by Haas related to the fraudulent misrepresentation of facts that caused Haas to enter into the shareholders» agreement, and were not contractual claims.

Hayward represents an important clarification of the circumstances in which the cause of action in deceit will lie, and it is obvious that that tort is, today, being invoked with some regularity in response to fraudulent personal injury claims (see, eg, Direct Line Group Plc v Akramzadeh (High Court, unreported, 15 June 2016) in which an insurer sued in deceit 29 persons who had fraudulently made claims arising out of motor vehicle accidents).

The causes of action included breach of contract, fraudulent and negligent misrepresentation, breach of fiduciary duty, breach of an implied covenant of good faith and fair dealing, unjust enrichment and breach of constructive trust.

This crypto exchange has decided to distribute brochures in order to prevent damage caused by scams or other fraudulent actions.

That is why, as Bob Aaron says, and as Barry Lebowe says, that there is far more trouble caused by the negative fallout from SPIS driven deals involving misrepresentations, innocent, negligent or fraudulent in nature, whether these actions reach the in - court stage, or not, than the public, nay, many lawyers realize.

Stephens v. Sponholz (251 A.D. 2d 1061)- purchaser's causes of action against seller for fraud and negligent misrepresentation stand; the «as is» and general merger clauses of the purchase agreement are not specific disclaimers and do not preclude a cause of action based upon fraud in the inducement of the contract; issues of fact remain as to whether seller made express fraudulent representations concerning water in the basement of the house or actively concealed the problem and whether purchaser could have discovered the defect by the exercise of reasonable diligence.

Marshall v. Gallinger Real Estate Co. (222 A.D. 2d 1101)- fraudulent misrepresentation; fraud cause of action fails where purchaser (i) noticed defective condition upon first visit to property, (ii) hired an engineer to inspect the property, and (iii) where there was no active concealment of defect.