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Publicly-Available Information from ACRIS Dooms Fraud Claim Under Statute of Limitations

March 21, 2022

...requires a party trying to claim fraud to investigate publicly-available information. For a summary of these principles, see...discovered the false or concealed information through publicly-available information independent of any misrepresentations...checking public records of the sale.
New York City has a publicly-available online database containing records pertaining to real......

Active Concealment of Hidden Water Damage Preserves Fraud Claim In Face of Caveat Emptor Defense

July 10, 2023

...concealed matter, including through investigation of publicly-available information, the duty of self-protection, or caveat...not thereby been “thwarted” from using that publicly-available information. Just a few months ago, for example...discovering the allegedly concealed information through publicly-available means (even if it would have taken a fair amount of... the ...

Extended Two-Year Discovery Statute of Limitations Afforded to Fraud Plaintiff Who Had Means of Discovering Fraud, But No Suspicion to Investigate

April 13, 2023

...or otherwise discover the falsity of the fraudulent information conveyed. See, e.g., my posts “Duty of Inquiry Looms Large in Dismissal of Actionable Fraud Claim Under Statute of Limitations”; “Publicly-Available Information from ACRIS Dooms Fraud Claim Under Statute of Limitations” and “Publicly Available Information and Due Diligence Play Prominent Role on Fraud Statute of ...

Courts Reinforce Duty of Inquiry and Self-Protection, Rejecting Fraud Claims in Real Estate Transactions

February 21, 2023

...limitations because the plaintiff could have used publicly-available information concerning real estate transactions...purchase price for the properties through a publicly-available online database: Although plaintiffs allege...others like it in previous posts. See Publicly-Available Information from ACRIS Dooms Fraud Claim...assignees and other information through publicly-available ...

Sophisticated Investor’s Fraudulent Inducement Claims Tossed Out by SDNY

January 17, 2023

...legitimacy of an investment opportunity where [the] plaintiff was placed on guard or practically faced with the facts.” (internal quotation marks omitted)).
The Court observed that there was plenty of publicly-available information that plaintiff could have reviewed to assess the reliability of the statements made by defendants, and thus, he could not have reasonably relied solely on ...

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KEVIN SCHLOSSER

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