fraud in the inducement

4867 results for fraud in the inducement

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  • Commentary: Advocate's View: Court Dismisses Unjust Enrichment Claim

    Unjust enrichment claims are frequently asserted in actions involving disputed contracts. This strategy evolved in response to the long-standing legal principle that a party to a contract cannot obtain recovery for unjust enrichment unless the contract is unenforceable. In cases involving rescindment of a written contract or allegation of fraud in the inducement, unjust enrichment may be a party's...

  • Chase Home Fin., L.L.C. v. Literski, (Ohio 2014)

    APPELLATE REVIEW/CIVIL – CONTRACTS – CIVIL MISCELLANEOUS – PROCEDURE/RULES: The trial court in a foreclosure action erred in converting counterclaims for fraud in the inducement and negligent misrepresentation into affirmative defenses: Civ.R. 8(C) permits the trial court to treat a counterclaim as an affirmative defense only where a party has mistakenly designated a defense ...

  • Turner v. Salvagnini Am., Inc., (Ohio 2008)

    Summary judgment; employment termination release; discrimination; waiver; fraud in the inducement pleading; fraud in the factum.

  • Berry v. Javitch, Block & Rathbone, L.L.P. (Slip Opinion), Slip Opinion No. 2010-Ohio-5772

    When parties to a tort claim have executed a settlement agreement and consent judgment entry, one party may not subsequently institute a separate cause of action for fraud in the inducement of the settlement agreement without seeking relief from the consent judgment and rescinding the settlement agreement.

  • Weisman v. Blaushild, (Ohio 2008)

    CIV.R. 56/SUMMARY JUDGMENT; FRAUDULENT/NEGLIGENT MISREPRESENTATION; MOTION TO STRIKE; CONTRACTUAL RELEASE; TENDER-BACK RULE; FRAUD IN THE INDUCEMENT; VOID; VOIDABLE; CONSIDERATION.

  • Lowe v. Oster Homes, (Ohio 2006)

    Fraud in the inducement – arbitration – diminution in value – trees – restoration costs.

  • Terry v. Bishop Homes of Copley, Inc., (Ohio 2003)

    arbitration – fraud – motion to stay pending arbitration – privity – abuse of discretion – de novo – questions of law – R.C. 2711.01 – fraud in the factum – fraud in the inducement

  • Burke Lakefront Serv. v. Lemieux, (Ohio 2002)

    Summary Judgment, Civ.R. 56(B), Civ.R. 12(B)(6), Fraud in the Inducement, R.C. 1311.78.

  • Mtge. Electronic Registration Sys.,Inc., v. Mosley, (Ohio 2010)

    Standing; waiver; form over substance; beneficial interest in promissory note; mortgage; independent review of magistrate’s decision; sufficiency of the evidence; manifest weight of the evidence; assignee liability; fraud in the inducement; civil conspiracy; agency relationship; de facto agent; apparent agency theory; agency by estoppel; apparent authority; implied covenants of good faith and...

  • Cefaratti v. Cefaratti, (Ohio 2005)

    DOMESTIC RELATIONS – divorce; separation agreement; Civ.R. 60(B); reasonable time; undue influence; fraud in the inducement; knowing material misrepresentation.

  • Lou Carbone Plumbing, Inc. v. Domestic Linen Supply & Laundry Co., (Ohio 2002)

    CONTRACT – arbitration; R.C. 2711.02; fraud in the inducement; fraud in the factum.

  • Colburn v. Baier Realty & Auctioneers, (Ohio 2003)

    CIVIL LAW - Summary judgment; CSPA is remedial in nature and not applicable to pure real estate transactions; R.C. 1345.02 and 1345.03; consumer transaction; fraud in the inducement.

  • Fifth Third Bank of W. Ohio v. Shephard Grain Co., Inc., (Ohio 2004)

    Trial court did not abuse its discretion in granting the company’s motion for relief from judgment, pursuant to Civ.R. 60(B)(5). The parol evidence rule precluded the company from presenting evidence of an alleged prior oral contract in August 2002 for purposes of their breach of an oral contract and promissory estoppel defenses to the judgment. The parol evidence rule did not preclude...

  • Court Casts Doubts On Value of Information Disclaimers in Lease Syndications

    The case of Northwest Bank & Trust Co v First Illinois National Bank involved a claim of fraud in the inducement for an obligor's tainted financial information, in connection with a loan participation agreement in which the buyer clearly and unambiguously had expressed that it was not relying on any information from the seller. In that case, the US District Court initially held that where two ...

  • Isaac v. Alabanza Corp., (Ohio 2007)

    Although at-will employment contract referred to Maryland law in a choice of law provision, Appellant sued in tort and not in contract, and in tort law the place of the injury normally determines the choice of law; an at-will employee may assert a cause of action for fraud in the inducement; employer made no misrepresentation when it hired Appellant to replace a worker who intended to leave to...

  • Beatley v. Beatley, (Ohio 2005)

    Parties disputed their respective interests and rights in four real properties. Trial court did not err in finding that defendant owned a one-half interest as tenant in common in two of the properties, despite plaintiff's argument that these interests were acquired by fraud in the inducement. Trial court erred in finding that plaintiff had not breached an antenuptial agreement with respect to...

  • Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614 (1985)

    ... attuned to well-supported claims that the agreement to arbitrate resulted from the sort of fraud or overwhelming economic power that would provide grounds "for the revocation of any contract." 9 ... former qualification principally applies to matters of fraud, mistake, and duress in the inducement, or problems of procedural fairness and feasibility. 723 F.2d, at 164. The latter clause plainly ...

  • Gallery Sued Over Fake Artwork

    SPRINGFIELD -- A Georgia man is suing a local auction gallery and antique center for damages after a painting he purchased for $25,300 reportedly turned out to be a fake. Jason Colier of Cleveland, Ga., is seeking more than $125,000 in damages for alleged breach of contract, fraud in the inducement, civil conspiracy, breach of warranties, unjust enrichment and violating the Ohio Consumer Sales...

  • Coble v. Toyota of Bedford, (Ohio 2004)

    Arbitration, motion to stay, unconscionable, abeyance, enforceability, lease agreement, abuse of discretion, fraudulent inducement, contract, fraud in the factum, discovery.

  • Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41 (1987)

    ... contained three counts: "Tortious Breach of Contract"; "Breach of Fiduciary Duties"; and "Fraud in the Inducement." App. 18-23. Dedeaux sought "[d]amages for failure to provide benefits under the ...

  • Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., (11th Cir. 2013)

    ... contract breach, such as fraud in the inducement. 891 So. 2d at 537. For example, in 2. We later receded from AFM to ...

  • George Jackson, et al., Petitioners, vs. The Shakespeare Foundation, INC., et al., Respondents, (2013)

    ...v. Jackson, 61 So. 3d 1194 (Fla. 1st DCA 2011), and concerns whether an action for fraud is within the scope of an arbitration provision in a contract for the purchase and sale of real ... an action against the sellers for specific performance, breach of contract, fraud in the inducement, fraudulent misrepresentation, and negligent misrepresentation. See id. at 265. Pursuant to an ...

  • Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967)

    ...Prima's chief contention was that F & C had fraudulently represented that it was solvent and able to perform its obligations whereas it was insolvent and ... court for rescission of the consulting agreement on the basis of the alleged fraudulent inducement and contemporaneously sought to enjoin F & C from proceeding with arbitration. The United States ...

  • 13 Laurie Simpson v. Bayer Healthcare, (8th Cir. 2013)

    ...She claimed Bayer fraudulently caused the government to make reimbursements for Baycol prescriptions through federal health ...Contrary to the district court's reasoning, a claim alleging fraud in the inducement of a government contract does focus on the false or fraudulent statements which induced the ...

  • Abramski v. United States, 573 U.S. (2014)

    .... . . [If there is fraud in the inducement andA has already paid], A can maintain an action against Tfor the thousand ...