News & Analysis as of

Breach of Contract Fraud Real Estate Transactions

Mayer Brown

The Misrepresentation of Moths – Lessons from a Yarn

Mayer Brown on

It is the stuff of nightmares. Dr Yevhen Hunyak, described by the Judge in the case as "a cautious person", and Iya Patarkatsishivili were careful to visit their prospective home more than half a dozen times between Spring...more

Freiberger Haber LLP

Affidavit Fails To Establish That A Material Undisputed Fact Was Not A Fact At All, Says The First Department

Freiberger Haber LLP on

In Katsorhis v. 718 W. Beech St, LLC, 2025 N.Y. Slip Op. 00211 (1st Dept. Jan. 15, 2025) (here), the Appellate Division, Second Department considered a fraud claim that the lower court sustained on the grounds that defendant...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - August 2, 2022

Dorsey & Whitney LLP on

We are spotlighting a published California Court of Appeal decision on rehearing for its analysis on contract and fraud claims arising out of a real estate transaction. The California Court of Appeal, Fourth Appellate...more

Wiley Rein LLP

Date of Wrongful Acts, Not Harm Caused By Acts, Relevant Factor in Determining Application of Retroactive Date Exclusion

Wiley Rein LLP on

Applying California law, a federal district court has held that a policy’s retroactive date exclusion bars coverage even if the harm caused by the wrongful acts materializes after the retroactive date. Bararsani v. HDI...more

Lewitt Hackman

Franchisor 101: The Proof Is in the Writing

Lewitt Hackman on

Ten years after the franchisor of the EXIT real estate system entered into a franchise agreement for a franchisee to operate an EXIT franchise in Maitland, Florida, the parties entered into another franchise agreement for a...more

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