News & Analysis as of

Fraud › Motion to Dismiss › Fraudulent Inducement

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Freiberger Haber LLP

Fraud Claims Found to Be Duplicative of Contract Claim Because of An Overlap in Facts and Circumstances and Damages

Freiberger Haber LLP on

In Crawford v. Integrated Asset Mgt. Servs., LLC, 2025 N.Y. Slip Op. 01352 (2d Dept. Mar. 12, 2025) (here), the Appellate Division, Second Department reversed the denial of the defendants’ motion to dismiss the plaintiffs’...more

McGuireWoods LLP

Delaware Court Holds Parties Cannot Negotiate Away Fraudulent Inducement Claims

McGuireWoods LLP on

In an Aug. 12, 2021, opinion, the Delaware Chancery Court examined two seller-friendly purchase agreement provisions and held that public policy and Delaware law prevented the seller from invoking the provisions to block...more

Morris James LLP

Delaware Superior Court Explains When Fraud Claims May Survive An Integration Clause

Morris James LLP on

Flowshare, LLC v. Georesults Inc., C.A. N17C-07-227 EMD CCLD (July 25, 2018) - This decision explains when a fraud claim survives a motion to dismiss that is based on the argument that an integration clause in a contract...more

Farrell Fritz, P.C.

Treasury Secretary Escapes Fraud Claims

Farrell Fritz, P.C. on

On June 5, 2018, in RKA Film Financing, LLC v. Kavanaugh et al., the First Department unanimously affirmed the Supreme Court, New York County’s decision absolving the United States Secretary of the Treasury, Steven Mnuchin,...more

Morris James LLP

Superior Court Explains Reliance Disclaimer Clauses

Morris James LLP on

A party to a contract may try to limit any future claims of fraudulent inducement by providing an anti-reliance clause in its contracts. As this decision explains, such clauses need to be carefully drafted and particularly...more

Orrick - Finance 20/20

District Court Denies Countrywide’s Motion to Dismiss AIG Suit

Orrick - Finance 20/20 on

On May 6, Judge Mariana Pfaelzer of the United States District Court for the Central District of California allowed American International Group, Inc. (AIG) to proceed with several of its claims against Bank of America and...more

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