Fraudulent Inducement

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

• Apache Trading Corp. v. Toub
  816 F.2d 605· 11th Cir.· 1987-05-11 ·cited 6×
  The court held that the weight of the evidence supported the ALJ's finding of fraudulent misrepresentation and that the ALJ did not abuse discretion in scheduling the hearing.
• Mitsubishi Aircraft Int'l, Inc. v. Brady
  780 F.2d 1199· 5th Cir.· 1986-01-17 ·cited 6×
  The court held that by entering into a new contract with full knowledge of alleged fraud and breach under a prior contract, the appellant waived its claims under the original contract.
• McDONALD v. Johnson & Johnson
  776 F.2d 767· 8th Cir.· 1985-11-06 ·cited 6×
  The collection of a breach of contract judgment does not preclude a separate action for fraud in the inducement of the same contract.
• Herzfeld & Stern v. Blair
  769 F.2d 645· 10th Cir.· 1985-07-30 ·cited 6×
  The court held that the defendant's argument regarding an alleged omission of information about FDA approval was not preserved and lacked factual support in the record.
• Barrington Press, Inc. v. Morey
  752 F.2d 307· 7th Cir.· 1985-01-10 ·cited 6×
  The court held that while a misrepresentation occurred, it was not material, and therefore the buyers could not avoid the contract or claim fraud.
• Havoco OF Am., Ltd. v. Hilco, Inc.
  731 F.2d 1282· 7th Cir.· 1984-04-13 ·cited 6×
  The court held that a party does not necessarily waive its fraud claim by suing for breach of contract and accepting a settlement, especially when the contract was substantially performed and the settlement expressly reserved other claims.
• Burton A. Disner v. Westinghouse Elec. Corp.
  726 F.2d 1106· 6th Cir.· 1984-01-30 ·cited 6×
  The court held that Michigan law requires fraud claims to be proven by clear and convincing evidence, not a mere preponderance, and the jury instruction to that effect was prejudicial error.
• Batka v. Liberty Mut. Fire Ins. Co.
  704 F.2d 684· 3d Cir.· 1983-04-07 ·cited 6×
  The court held that the trial court erred in instructing the jury that the insurer only needed to prove its fraud defense by a preponderance of the evidence, when New Jersey law requires clear and convincing evidence for rescission of an insurance policy.
• LEE Cnty. Bank v. Christian Mut. Found., Inc.
  403 So. 2d 446· Fla. 2d DCA· 1981-07-29 ·cited 6×
  Lee County Bank, as trustee for bondholders, challenged a trial court order that permanently enjoined it from foreclosing on a first mortgage in default and instead required it to accept a reorganization plan. The appellate court reversed, holding that courts lack equitable power
• Anderson v. Farmers Nat'l Bank OF Cordell
  624 F.2d 105· 10th Cir.· 1980-05-28 ·cited 6×
  The court held that a bank may stop payment on a cashier's check when the payee, dealing directly with the bank, fraudulently induced its issuance by misrepresenting the extent of the debt owed. The court also affirmed the reformation of a subordination agreement based on the ban
• Eunice v. Johnson
  612 F.2d 953· 5th Cir.· 1980-02-29 ·cited 6×
  The court held that defendants Wilson and Tribble are liable under the Mississippi Securities Act for misrepresentation and antifraud provisions, while defendant Yerger is liable under statutory rescission provisions but not for attorney's fees. The district court's assessment of
• Bank OF Montreal v. Kough
  612 F.2d 467· 9th Cir.· 1980-01-29 ·cited 6×
  The court held that a foreign money judgment can be enforced under California's Uniform Foreign Money Judgments Recognition Act if the foreign court had personal jurisdiction consistent with due process, and that counterclaims related to the original cause of action are barred by
• Smith v. Pinell
  597 F.2d 994· 5th Cir.· 1979-07-02 ·cited 6×
  A Jones Act plaintiff is not required to return settlement proceeds before prosecuting a claim for fraud in the inducement of the settlement.
• Union Planters Nat'l Bank OF Memphis v. CBS, Inc.
  557 F.2d 84· 6th Cir.· 1977-06-21 ·cited 6×
  A claim against one defendant for tortious conduct and claims against other defendants for debt are not "separate and independent" for removal purposes under 28 U.S.C. § 1441(c) if they arise from an interlocked series of transactions causing a single injury.
• In re Nat'l Student Mktg. Litig. v. The Barnes
  530 F.2d 1012· D.C. Cir.· 1976-01-16 ·cited 6×
  The court held that the district court did not err in denying appellants' untimely motion for exclusion from the federal class actions, as they failed to sustain their burden of showing they did not receive timely notice.
• Peerless Mills, Inc. v. Am. Tel. & Tel. Co.
  527 F.2d 445· 2d Cir.· 1975-11-26 ·cited 6×
  The court held that Cohn was a general partner, and Peerless failed to demonstrate reliance on any misrepresentation by the firm or intent for such misrepresentation to be conveyed to Peerless, thus affirming the dismissal of claims.
• Kelly v. Buckeye Holding Co.
  297 So. 2d 869· Fla. 4th DCA· 1974-07-19 ·cited 6×
  Dorothy Kelly appealed a summary judgment entered against her in a property dispute with Buckeye Holding Company and G. Harold Martin. Kelly had claimed to be the equitable owner of mortgaged property, alleging she paid the full consideration and that the defendants refused to re
• Santos v. Bogh
  298 So. 2d 460· Fla. 3d DCA· 1974-06-25 ·cited 6×
  In this fraud case, a defendant-employee of a dance studio appeals a judgment awarding compensatory and punitive damages for fraudulently inducing a widow to purchase dance lessons and a dance studio. The court affirmed the compensatory damages but reversed the punitive damages a
• Silvers v. TTC Indus., Inc.
  484 F.2d 194· 6th Cir.· 1973-09-10 ·cited 6×
  The court held that the plaintiffs were not entitled to rescission of the reorganization plan due to their knowledge of the misrepresented facts and lack of diligence, but remanded for further determination of damages related to the wrongful injunction.
• Pickens-Kane Moving & Storage Co., Inc. v. Aero Mayflower Transit Co., Inc.
  468 F.2d 490· 7th Cir.· 1972-10-20 ·cited 6×
  The court held that the jury instructions, when considered as a whole, fairly presented the applicable Illinois law regarding the parol evidence rule and its exceptions.
• Norvin G. Maloney, Jr. v. E. I. DU Pont de Nemours & Co., Inc.
  352 F.2d 936· D.C. Cir.· 1965-06-10 ·cited 6×
  The court held that the fraud claim was barred by the statute of limitations, but the contract claim for wrongful breach of employment presented unresolved issues of material fact requiring trial.
• Simpkins v. Council Mfg. Corp.
  332 F.2d 733· 8th Cir.· 1964-06-10 ·cited 6×
  A foreign corporation's activities in Missouri did not constitute 'doing business' sufficient to establish personal jurisdiction, as Missouri law requires more than minimum federal due process standards.
• Rachesky v. Finklea
  329 F.2d 606· 4th Cir.· 1964-03-13 ·cited 6×
  The court held that the plaintiff's tender of consideration was timely made after obtaining definitive information about the release, and the trial court properly allowed amendment of pleadings and submission of fraud and release validity to the jury.
• Netterville v. Osborn
  139 So. 2d 921· Fla. 1st DCA· 1962-04-17 ·cited 6×
  The court held that the trial court erred in granting summary judgment on the defendants' counterclaim, as there were genuine issues of material fact regarding misrepresentations.
• Heckenkamp v. Kennedy
  267 F.2d 887· 8th Cir.· 1959-06-24 ·cited 6×
  A release signed by a plaintiff, even if based on alleged misrepresentations by an insurance agent, is binding if the plaintiff had the capacity and opportunity to read it and no confidential relationship or fraudulent artifice prevented them from doing so.
• Unilectric, Inc. v. Holwin Corp.
  243 F.2d 393· 7th Cir.· 1957-04-18 ·cited 6×
  A licensee cannot attack the validity of a patent based on fraud in its procurement when claiming the patent is invalid, but can resist a suit for royalties if fraud is clearly proven. However, the court found no sufficient evidence of fraud in this case.
• Purvis v. Pa. R. Co.
  198 F.2d 631· 3d Cir.· 1952-08-04 ·cited 6×
  The court held that the endorsement of a check containing a release is not a separate transaction from the execution of the release itself, and thus cannot be set aside independently if the release was fraudulently obtained.
• Crosby v. Orange State OIL Co.
  158 Fla. 551· Fla.· 1947-01-17 ·cited 6×
  L. E. Crosby purchased a service station and agreed with Orange State Oil Company's agent to lease it for five years with no cancellation clause except for non-payment of rent. The company later sought to cancel under a conflicting provision in the written lease allowing either p
• Standard Sur. & Cas. Co. of N.Y. v. Olson
  150 F.2d 385· 8th Cir.· 1945-07-12 ·cited 6×
  Fraudulent inducement by a third party in procuring an indemnity agreement is not a defense against the obligee if the obligee had no notice of or participation in the fraud.
• In re Bowen
  138 F.2d 22· 3d Cir.· 1943-09-02 ·cited 6×
  A bankruptcy court has jurisdiction to set aside certificates of discharge for federal tax liens obtained by fraud.
• Albert v. Martin Custom Made Tires Corp.
  116 F.2d 962· 2d Cir.· 1941-01-13 ·cited 6×
  The court held that a mistake as to the validity of a security interest can excuse a creditor's mistaken affirmation of a transaction, and that a motion to conform a lower court order to a mandate does not necessarily preclude rescission.
• Deason v. Kreiger
  107 Fla. 486· Fla.· 1932-12-29 ·cited 6×
  The Florida Supreme Court affirmed a lower court's decision to strike a defendant's answer and refuse an amended answer in a mortgage foreclosure case. The defendant claimed fraudulent inducement and usury, but the court found her allegations insufficient.
• Johnston Realty & Inv. Co. v. The Nat'l City Bank of Tampa
  95 Fla. 282· Fla.· 1928-02-16 ·cited 6×
  The Florida Supreme Court reversed an order overruling a demurrer in an escrow dispute, holding that the National City Bank properly held deeds in escrow and that the Johnstons satisfied all conditions entitling them to delivery of the Grosvenor deed, regardless of later allegati
• Bludworth v. Bray
  59 Fla. 437· Fla.· 1910-01-01 ·cited 6×
  A merchant sought to foreclose two mortgages on a farmer's crops. The Florida Supreme Court affirmed the dismissal of the foreclosure, holding that despite broad language in the mortgage documents, the mortgages were intended only to secure specific guano notes and not all future
• Peyton v. Grant
  S.D. Fla.· 2026-02-06 ·cited 5×
  David Peyton successfully moved for summary judgment against Eric Grant's counterclaims arising from a business dispute over Nexxt Gen Corporation, with Peyton denying that he diverted company business, customers, or funds to his own entity NGVSAT. The court granted Peyton summar
• Global Lab P'rs, LLC v. Patroni Enters., LLC
  327 So. 3d 453· Fla. 1st DCA· 2021-09-22 ·cited 5×
  Appellants sought review of an order disqualifying their counsel from representing them in a commercial dispute with Appellees. The court affirmed the disqualification, finding competent, substantial evidence that counsel had a prior attorney-client relationship with Appellee Pat
• Schlossberg v. Est. of Sadie Kaporovsky
  303 So. 3d 982· Fla. 4th DCA· 2020-08-05 ·cited 5×
  Jack Schlossberg purchased a condominium from Candy Wisotsky, who inherited it through a remainder interest granted by a 2005 deed. The trial court voided the 2005 deed as beyond the trustees' powers, leaving Schlossberg with only half-ownership. On appeal, the court reversed, ho
• Mesnikoff v. Fq Backyard Trading, LLC
  239 So. 3d 765· Fla. 3d DCA· 2018-03-07 ·cited 5×
  A county court lacked subject matter jurisdiction to enter a final judgment of eviction because the plaintiff's sole pleaded count was ejectment under § 66.021, which falls within the exclusive jurisdiction of circuit courts, and when the plaintiff voluntarily dismissed that coun
• Wadley v. Nazelli
  223 So. 3d 1118· Fla. 3d DCA· 2017-07-05 ·cited 5×
  Plaintiffs appealed the dismissal of their complaint against nonresident defendant Nazelli for lack of personal jurisdiction. The court affirmed the dismissal, holding that plaintiffs failed to allege sufficient jurisdictional facts under Florida's long-arm statute because they d
• The Original Brooklyn Water Bagel Co., Inc. v. Bersin Bagel Grp., LLC
  817 F.3d 719· 11th Cir.· 2016-03-25 ·cited 5×
  The Eleventh Circuit affirmed the district court's decision to vacate an injunction barring Bersin Bagel Group from prosecuting state law claims against Original Brooklyn Water Bagel Company in Florida state court. The court held that the Anti-Injunction Act prohibited the federa
• Inquiry Concerning a Judge
  174 So. 3d 364· Fla.· 2015-06-18 ·cited 5×
  Judge Laura Marie Watson was removed from the bench for professional conduct violations stemming from her handling of a complex multi-party settlement involving PIP and bad faith claims against Progressive Insurance while she was a practicing attorney. The Florida Supreme Court a
• Handel v. Nevel
  147 So. 3d 649· Fla. 3d DCA· 2014-09-17 ·cited 5×
  Mary Handel appealed a trial court's denial of her motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b), claiming she was entitled to set aside a partial final judgment dismissing counts of her complaint. The court affirmed, holding that the trial court
• S2 Global, Inc. v. Tactical Operational Support Servs., LLC
  119 So. 3d 1280· Fla. 4th DCA· 2013-09-04 ·cited 5×
  S2 Global and related entities challenged a trial court's dismissal of their Florida lawsuit on forum non conveniens grounds. The Fourth District Court of Appeal reversed, holding that the defendants' motion to dismiss was untimely under Florida Rule of Civil Procedure 1.061(g),
• Miccosukee Tribe OF Indians v. Lehtinen
  114 So. 3d 329· Fla. 3d DCA· 2013-05-15 ·cited 5×
  The Miccosukee Tribe petitioned for a writ of certiorari to disqualify the respondent's attorney Klock, arguing he would gain an unfair informational advantage in other unrelated cases against the tribe by representing their former attorney in a malpractice suit. The court denied
• Eagletech Commc'ns, Inc. v. Bryn Mawr Inv. Grp., Inc.
  79 So. 3d 855· Fla. 4th DCA· 2012-02-01 ·cited 5×
  Eagletech Communications appealed the dismissal of its Fifth Amended Complaint against 29 defendants alleging fraud, conspiracy, RICO violations, and securities fraud arising from three rounds of financing. The court affirmed the dismissal on the merits but reversed the dismissal
• Pathman v. Grey Flannel Auctions, Inc.
  741 F. Supp. 2d 1318· S.D. Fla.· 2010-10-01 ·cited 5×
  The court held that defendants had sufficient minimum contacts with Florida to establish personal jurisdiction under the state's long-arm statute and the Due Process Clause.
• Ladner v. AmSOUTH Bank
  32 So. 3d 99· Fla. 2d DCA· 2009-09-02 ·cited 5×
  Mark Ladner and Diane DiGirolamo appealed a trial court judgment dismissing their counterclaims against AmSouth Bank for fraud, breach of contract, and negligent misrepresentation arising from a home construction loan. The appellate court affirmed dismissal of claims related to t
• Topp, Inc. v. Uniden Am. Corp.
  513 F. Supp. 2d 1345· S.D. Fla.· 2007-09-25 ·cited 5×
  The court held that Topp's fraudulent inducement claim was barred by the plain language of the contract and Florida's economic loss rule, as the alleged fraud was not independent of the breach of contract claim and concerned the same damages.
• Topp, Inc. v. Uniden Am. Corp.
  483 F. Supp. 2d 1187· S.D. Fla.· 2007-03-30 ·cited 5×
  The court adopted the magistrate's recommendation to grant summary judgment on the oral distributorship agreement claims due to the Statute of Frauds, and also granted summary judgment on the tortious interference claim based on the economic loss rule.
• Dep't OF Revenue v. Boswell
  915 So. 2d 717· Fla. 5th DCA· 2005-12-02 ·cited 5×
  The Florida Department of Revenue appealed an order vacating a paternity judgment and reducing child support arrearages to zero. The court reversed, holding that a motion to set aside a final paternity judgment based on fraud must be filed within one year under Florida Rule of Ci