NEW YORK FRAUD CLAIMS

Fraud claims permeate transactions for the sale of assets, stock, and other business interests.  More often than not, litigation involves the purchaser in these transactions seeking to challenge or undo the deal by alleging that the seller misrepresented or concealed …

The core, basic principles of law governing the civil tort of fraud have not materially changed over time.  The elements of the various fraud-based causes of action, the rules pertaining to statute of limitations and all of the related doctrines …

In Distinctions in Claims of “Fraud on the Court,” Common Law Fraud and Judiciary Law 487, I explained the various concepts and remedies relating to the general rubric of “fraud on the court” under New York State law.  And in …

A recent decision of the United States District Court for the Western District of New York (Larimer, J.) is an informative analysis of various common fraud principles in the context of a FRCP 12(b)(6) motion to dismiss: Real Bridge LLC …

A recent decision of the New York Appellate Division, First Department (Iberdrola Energy Projects v Oaktree Capital Mgt. L.P., 2024 NY Slip Op 03798 (1st Dep’t Decided July 11, 2024), analyzed a contractual nonrecourse provision and determined that it did …