Fraudulent Inducement

1,994 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Perlman v. The Prudential Ins. Co. OF Am., Inc.
  686 So. 2d 1378· Fla. 3d DCA· 1997-01-22 ·cited 12×
  In this insurance fraud rescission case, the court held that when a life insurance policy is rescinded due to fraudulent inducement, the insurer must return all premiums paid plus interest, less only the actuarial value of the insurance protection provided (not commissions, expen
• Miner v. Bay Bank & Tr. Co. (In Re Miner)
  185 B.R. 362· N.D. Fla.· 1995-06-30 ·cited 12×
  The court held that a dissolved corporation's property remains with the corporation under Florida law, and thus a debtor-in-possession cannot avoid its foreclosure sale as a fraudulent transfer under 11 U.S.C. § 548. The court also affirmed the dismissal of a claim related to a p
• Wilson v. The Equitable Life Assurance Soc'y OF the United States
  622 So. 2d 25· Fla. 2d DCA· 1993-07-02 ·cited 12×
  The court held that alleged fraudulent misrepresentations are not necessarily foreclosed by a merger clause in a standard form employment contract, and material issues of fact precluded summary judgment.
• Casarella, Inc. v. Zaremba Coconut Creek Parkway Corp.
  595 So. 2d 162· Fla. 4th DCA· 1992-02-19 ·cited 12×
  A landlord is entitled to attorney's fees under a lease provision allowing fees for enforcing rights when a tenant voluntarily dismisses an action against the landlord.
• Riedel v. NCNB Nat'l Bank OF Fla., Inc.
  591 So. 2d 1038· Fla. 1st DCA· 1991-12-26 ·cited 12×
  The court held that the trial court did not err in dismissing the amended complaint because the exhibits attached to the complaint refuted the appellant's allegations and the claims asserted were either not recognized causes of action or were barred by the contractual terms.
• Arad v. Caduceus Self Ins. Fund, Inc.
  585 So. 2d 1000· Fla. 4th DCA· 1991-08-21 ·cited 12×
  Physicians sued their self-insurance trust for fraud and breach of contract after learning that concealed actuarial reports showed the trust was charging unsustainably low premiums that would necessitate large future assessments. The court found the physicians established fraud i
• Uselton v. Griffin
  940 F.2d 564· 10th Cir.· 1991-07-12 ·cited 12×
  The court held that the employee stock ownership plan interests constituted investment contracts and thus securities under federal law because they were voluntary and contributory, satisfying the Howey test. The court reversed the district court's judgment on the federal securiti
• Pride v. Exxon Corp.
  911 F.2d 251· 9th Cir.· 1990-08-13 ·cited 12×
  The court held that Exxon's withdrawal from the Portland market complied with the Petroleum Marketing Practices Act because the Act applies only to branded motor fuel. The court also held that Texaco did not breach its duty of good faith under Oregon law, as no change in circumst
• Fed. Deposit Ins. Corp. v. Texarkana Nat'l Bank
  874 F.2d 264· 5th Cir.· 1989-06-02 ·cited 12×
  The court held that the D'Oench, Duhme doctrine was inapplicable and that TNB was entitled to set off debts owed to the insolvent bank due to fraud in loan participations.
• Lovejoy Elecs., Inc. v. O'Berto
  873 F.2d 1001· 7th Cir.· 1989-04-27 ·cited 12×
  The court held that the parol evidence rule does not bar evidence of promissory fraud and that the Illinois dead man's statute, as applied through Federal Rule of Evidence 601, did not bar O'Berto's testimony due to ambiguity in his deposition regarding witness presence.
• Kutner Buick, Inc. v. Am. Motors Corp. & Am. Motor Sales Corp.
  868 F.2d 614· 3d Cir.· 1989-02-24 ·cited 12×
  The court held that the trial court erred in dismissing the breach of contract claim based on grounds not raised in the directed verdict motion, and that the exclusion of expert testimony on damages was based on an incorrect understanding of fixed versus variable costs. The fraud
• Citibank, N.A. v. Data Lease Fin. Corp.
  828 F.2d 686· 11th Cir.· 1987-09-28 ·cited 12×
  The court held that the district court erred in granting summary judgment on claims of conversion, negligent bailment, fraud, and UCC violations, and that the RICO claims should relate back to the original filing date.
• K.N. Bhatia, M.D. v. Johnston
  818 F.2d 418· 5th Cir.· 1987-06-04 ·cited 12×
• NCNB Nat'l Bank of N.C. v. Tiller
  814 F.2d 931· 4th Cir.· 1987-03-17 ·cited 12×
  The court affirmed the trial court's rulings and imposed sanctions, finding the appeal frivolous and lacking in legal and factual merit.
• Dominick v. Dixie Nat'l Life Ins. Co.
  809 F.2d 1559· 11th Cir.· 1987-02-18 ·cited 12×
  The court held that the trial court erred in granting summary judgment based on releases that may have been fraudulently induced and that the statute of limitations issue requires further factual determination.
• Seredinski v. Clifton Precision Prods. Co.
  776 F.2d 56· 3d Cir.· 1985-10-28 ·cited 12×
  The court held that the plaintiff's retaliation claim under Title VII should not have been dismissed as untimely due to the EEOC's failure to follow its own regulations regarding deferral to state agencies, and that equitable tolling was warranted.
• In re Paso del Norte OIL Co. v. Geib
  755 F.2d 421· 5th Cir.· 1985-03-18 ·cited 12×
  The bankruptcy court lacked jurisdiction to resolve a dispute between third parties concerning the fraudulent inducement of a stock sale that occurred before the debtor filed for bankruptcy.
• Physicians Weight Loss Ctrs. OF Am., Inc. v. Nicki G. Payne
  461 So. 2d 977· Fla. 1st DCA· 1984-12-14 ·cited 12×
  The court held that a trial court must determine whether an arbitration clause itself was procured by fraud before compelling arbitration.
• Phillips Chem. Co. v. Morgan
  440 So. 2d 1292· Fla. 3d DCA· 1983-10-04 ·cited 12×
  Phillips Chemical Company appealed a jury verdict awarding Gam-Co Corporation $67,440.14 for sulfuric acid delivered under a scheme involving commercial bribery. The court reversed, holding that an employee's kickback arrangement with a third party to earn secret profits constitu
• Merrill Lynch v. James F. Falowski under the Last Will and Testament of John J. Falowski
  425 So. 2d 129· Fla. 4th DCA· 1982-12-29 ·cited 12×
  Merrill Lynch and Lucille Weist petitioned for a writ of certiorari to quash a trial court order denying their motion to compel arbitration. The appellate court declined to grant the writ because while the trial court failed to conduct a proper evidentiary hearing as required by
• In re Weis Sec., Inc. v. Redington
  605 F.2d 590· 2d Cir.· 1978-06-12 ·cited 12×
  Subordination agreements entered into by lenders to a broker-dealer to satisfy regulatory capital requirements must be enforced according to their terms, regardless of whether customers relied on those agreements.
• First Wis. Nat'l Bank of Rice Lake v. Klapmeier
  526 F.2d 77· 8th Cir.· 1975-11-07 ·cited 12×
  The court held that a timely jury trial demand can be made for new issues raised in an amended pleading, even if the original pleading did not include such a demand.
• McGOUGH v. First Arlington Nat'l Bank
  519 F.2d 552· 7th Cir.· 1975-07-22 ·cited 12×
  The court held that the district court abused its discretion by staying federal proceedings when the federal claims under the Exchange Act could only be adjudicated in federal court, but affirmed the denial of a temporary restraint on the state action.
• Pepi, Inc. v. Helcar Corp.
  458 F.2d 1062· 3d Cir.· 1972-04-13 ·cited 12×
  The court held that a judgment based on fraud requires specific factual findings under Rule 52, and vacated the judgment to allow the trial court to make such findings or enter a judgment solely on the breach of contract claim.
• Suess v. Stapp
  407 F.2d 662· 7th Cir.· 1969-02-27 ·cited 12×
  A notice of lis pendens is valid when filed with a suit seeking rescission of an oil lease contract and imposition of a constructive trust on proceeds, as oil leaseholds are considered real property under Illinois law.
• Prima Paint Corp. v. Flood & Conklin MFG. Co.
  360 F.2d 315· 2d Cir.· 1966-05-12 ·cited 12×
  The court held that allegations of fraud in the inducement of a contract are for arbitrators to decide, not the court, when the arbitration clause is separable from the contract and not itself fraudulently induced.
• Kasey v. Molybdenum Corp. OF Am.
  336 F.2d 560· 9th Cir.· 1964-08-28 ·cited 12×
  The court held that the action for recovery of mining properties was barred by California's five-year statute of limitations because the appellants were neither seised nor possessed of the property within the statutory period, and the deeds conveyed absolute title.
• Lack Indus. v. Ralston Purina Co.
  327 F.2d 266· 8th Cir.· 1964-02-04 ·cited 12×
  The court held that the trial court had jurisdiction to grant a new trial within the purview of Rule 59(a) even if the language in the order was not identical to the motion, and that the grounds for the new trial were sufficiently related to the grounds in the motion.
• Am. Fid. Co. v. Nat'l City Bank OF Evansville
  266 F.2d 910· D.C. Cir.· 1959-05-12 ·cited 12×
  Sureties cannot recover progress payments made to a bank assignee under the Assignment of Claims Act, as amended, because the bank had a valid assignment and the sureties' rights of subrogation do not extend to funds no longer in the government's hands or recoverable by the gover
• Compania Panemena Maritima SAN Gerassimo, S.A. v. J. E. Hurley Lumber Co.
  244 F.2d 286· 2d Cir.· 1957-04-30 ·cited 12×
  The court held that a district court should not entertain interlocutory appeals from rulings on evidence made by arbitrators during an arbitration proceeding.
• Young v. United States
  228 F.2d 693· 8th Cir.· 1956-01-03 ·cited 12×
  The court held that the district court's records conclusively refuted the appellants' claims that they were denied federal rights or that their sentences were vulnerable to attack.
• Jordan v. Hall-Miller Drilling Co.
  203 F.2d 443· 10th Cir.· 1953-04-13 ·cited 12×
  The court held that oral representations do not alter a clear written contract unless fraud, accident, or mutual mistake is proven.
• Josserand v. Taylor
  159 F.2d 249· C.C.P.A.· 1946-11-04 ·cited 12×
  The court held that the record did not establish that the prior decision was obtained by fraud extrinsic or collateral to the issues tried, and therefore denied the petition to reopen.
• SDSol Techs., LLC v. Stardam LLC
  314 So. 3d 656· Fla. 3d DCA· 2023-12-13 ·cited 11×
  A claim to pierce the corporate veil must allege both that the corporation is the mere instrumentality of its owner and that the owner engaged in improper conduct, and fraud claims must be pleaded with specificity identifying who made false statements, their substance, timing, an
• Newberry Square Fla. Laundromat, LLC v. Jim's Coin Laundry & Dry Cleaners, Inc.
  296 So. 3d 584· Fla. 1st DCA· 2020-06-08 ·cited 11×
  The appellate court reversed a trial court's dismissal of a complaint with prejudice, finding that the plaintiff should have been allowed to amend its complaint. The court emphasized that claims arising from subsequent events or different legal theories are not necessarily barred
• Houri v. Mordechai Boaziz
  196 So. 3d 383· Fla. 3d DCA· 2016-03-09 ·cited 11×
  In this real estate dispute, the Florida Third District Court of Appeal reversed most of a trial court's judgment against David Houri for alleged breaches of fiduciary duty, fraud, and fraudulent transfers involving two condominium conversion projects, finding that the parties' c
• Atria Grp., LLC v. ONE Progress Plaza, II, LLC
  170 So. 3d 884· Fla. 2d DCA· 2015-07-22 ·cited 11×
  Atria Group appeals a summary judgment granting eviction for alleged lease violations. The court reversed, holding that genuine issues of material fact existed regarding whether defaults occurred, whether they were material, and whether Atria Group had cured them, and that the la
• U.S. Bank Nat'l Ass'n for J.P. Morgan Mortg. Acquisition Corp. 2005-WMC1 v. Rios
  166 So. 3d 202· Fla. 2d DCA· 2015-06-10 ·cited 11×
  U.S. Bank appeals a trial court order setting aside a foreclosure sale after third-party purchaser Colfin sought rescission based on alleged fraud regarding undisclosed sinkhole damage. The appellate court reverses, holding that no enforceable agreement existed between the partie
• White Constr. Co. v. Martin Marietta Materials, Inc.
  633 F. Supp. 2d 1302· M.D. Fla.· 2009-04-07 ·cited 11×
  The court held that the defendants' motion for summary judgment should be granted in part and denied in part, finding that genuine issues of material fact existed regarding certain claims.
• Aboujaoude v. Poinciana Dev. Co. II
  509 F. Supp. 2d 1266· S.D. Fla.· 2007-06-06 ·cited 11×
  The court held that the ILSFDA claims are not exempt and that some are not time-barred, but fraud claims are dismissed for insufficient pleading. Reardon can be held liable under ILSFDA and FDUTPA if a direct participant.
• BNP Paribas v. Wynne
  944 So. 2d 1004· Fla. 4th DCA· 2005-01-12 ·cited 11×
  BNP Paribas sought prejudgment garnishment against Wynne for unliquidated damages arising from alleged fraudulent inducement, breach of contract, and other business torts. The court affirmed dissolution of the garnishment writ because garnishment is unavailable for unliquidated d
• Kind v. Gittman
  889 So. 2d 87· Fla. 4th DCA· 2004-11-10 ·cited 11×
  The Kinds sold an office building to Dr. Gittman for $1.6 million based on representations about long-term leases on the second floor. Dr. Gittman sued for fraud in the inducement after tenants vacated, but the appellate court reversed the jury verdict because he failed to prove
• Douglas Peebles, M.D. v. Sheridan Healthcare, Inc.
  853 So. 2d 559· Fla. 4th DCA· 2003-09-03 ·cited 11×
  The court held that the plaintiffs' claims were barred as a matter of law by the broad releases and stock purchase agreements they signed, which clearly disclosed the relevant information and contradicted their allegations.
• Gustavsson v. Wash. Mut. Bank
  850 So. 2d 570· Fla. 4th DCA· 2003-06-04 ·cited 11×
  The court held that a party cannot be compelled to arbitrate when the arbitration clause is contained in a document that was never provided to them, even if referenced in another document they signed.
• Rosa v. Amoco Oil Co.
  262 F. Supp. 2d 1364· S.D. Fla.· 2003-04-22 ·cited 11×
  The court held that the plaintiff's tort claims for fraud and negligent misrepresentation, as well as his claim under the Florida Deceptive and Unfair Trade Practices Act, were barred by the economic loss rule because the alleged misrepresentations were contradicted by the writte
• Stomar, Inc. v. Lucky Seven Riverboat Co., L.L.C.
  821 So. 2d 1183· Fla. 4th DCA· 2002-07-24 ·cited 11×
  A Florida ship broker sued a nonresident vessel seller and individual defendants for breach of a brokerage agreement and fraudulent inducement. The trial court dismissed all defendants for lack of personal jurisdiction. The appellate court reversed the dismissal of the business e
• Noack v. Blue Cross & Blue Shield OF Fla., Inc.
  742 So. 2d 433· Fla. 1st DCA· 1999-09-16 ·cited 11×
  Noack, an insurance agent, appealed the dismissal of claims against Blue Cross for cancellation of its insurance agency contract. The court affirmed dismissal of breach of contract, bad faith, and conspiracy claims, but reversed dismissal of fraud in the inducement, reformation,
• David Kenet, M.D. v. Bailey
  679 So. 2d 348· Fla. 3d DCA· 1996-09-04 ·cited 11×
  Attorney Bailey and his law firm improperly converted trust account funds belonging to client Kenet by disbursing escrowed settlement proceeds to Bailey's personal account without authorization. The court held that trust fund obligations cannot be characterized as mere "debts" su
• Castleglen, Inc. v. Resolution Tr. Corp. for Commonwealth Fed. Sav. Ass'n
  984 F.2d 1571· 10th Cir.· 1993-02-09 ·cited 11×
  The court held that the D'Oench doctrine and FIRREA's statutory counterpart, 12 U.S.C. § 1823(e), bar Castleglen's claims against the RTC, whether characterized as contract defenses or affirmative tort claims, because the alleged misrepresentations constituted fraud in the induce
• Gordon v. Omni Equities, Inc.
  605 So. 2d 538· Fla. 1st DCA· 1992-09-17 ·cited 11×
  In this consolidated appeal, the Gordons challenged a trial court's decision to strike treble damages from a default judgment against three defendants for civil theft/fraud. The First District Court of Appeal reversed, holding that the complaint adequately alleged felonious inten