Fraudulent Inducement

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

• United Nat'l Bank OF Miami v. Airport Plaza Ltd. P'ship
  537 So. 2d 608· Fla. 3d DCA· 1988-11-29 ·cited 4×
  The dissenting opinion argues that a judgment of foreclosure and recision based on fraudulent misrepresentation should be reversed due to a lack of competent substantial evidence to support the trial court's findings.
• Refined Sugars Inc. v. S. Commodity Corp.
  709 F. Supp. 1117· S.D. Fla.· 1988-10-28 ·cited 4×
  Offensive collateral estoppel, based on a guilty plea to criminal charges, precludes relitigation of fraud and civil theft issues in a subsequent civil case.
• Packard v. Ripple
  531 So. 2d 991· Fla. 3d DCA· 1988-09-13 ·cited 4×
• Sparks v. R.P. Baxter, Sr.
  854 F.2d 110· 5th Cir.· 1988-09-07 ·cited 4×
  The court held that substantial evidence supported the jury's finding of a joint venture, which served as a defense to securities law claims. The court also modified the judgment regarding Colleen Baxter's liability and disallowed the recovery of litigation expenses.
• Ingersoll-Rand Fin. Corp. v. Callison
  844 F.2d 133· 3d Cir.· 1988-04-15 ·cited 4×
  The court held that while deferring to state court proceedings was appropriate, dismissal was not, and the federal action should be stayed pending the outcome of the state court litigation.
• FR. Winkler KG v. Stoller
  839 F.2d 1002· 3d Cir.· 1988-02-24 ·cited 4×
  The court held that the parol evidence rule barred Stoller's defense that his guarantee was a mere formality and would never be enforced, and that his 'per aval' signature constituted a personal guarantee waiving notice of dishonor.
• United States v. Fireman's Fund Ins. Co.
  832 F.2d 1150· 9th Cir.· 1987-11-18 ·cited 4×
  A Miller Act surety is bound by a prior state court judgment against its principal if the surety had notice and an opportunity to defend, as its liability is derivative and its interests are identical to the principal's.
• Nancy C. Vickers and Robert v. Vickers
  827 F.2d 228· 7th Cir.· 1987-08-21 ·cited 4×
  The court affirmed the district court's dismissal of all counts, finding no justiciable controversy for declaratory relief, no actionable claim for accounting, and no actionable claims for fraudulent inducement, promissory estoppel, or negligent misrepresentation under Indiana la
• Multinational Force & Observers v. Arrow Air, Inc.
  662 F. Supp. 162· S.D. Fla.· 1987-06-09 ·cited 4×
  The court held that the accountant-client privilege does not apply when the accountant's services were sought to aid in committing fraud, and ordered the production of requested documents and testimony.
• Nagelbush v. Capozzi and Margaret A. Capozzi
  504 So. 2d 782· Fla. 3d DCA· 1987-03-17 ·cited 4×
  Co-signers of a promissory note and mortgage appealed a summary judgment entered against them by a lender. The court reversed, finding genuine issues of material fact regarding alleged fraudulent inducement based on secret oral agreements that would have affected each party's lia
• Bennie Vitale v. The AETNA Cas. & Sur. Co.
  814 F.2d 1242· 8th Cir.· 1987-03-16 ·cited 4×
  The court held that jury instructions allowing imputation of an agent's fraudulent proof of loss to the principals were proper under Missouri law, and that sufficient evidence supported the jury's findings.
• Crook v. Deane Baker
  813 F.2d 88· 6th Cir.· 1987-03-05 ·cited 4×
  The Regents of the University of Michigan had the authority under Michigan law to revoke a degree obtained by fraud, and the procedures followed comported with due process requirements.
• Woodrick v. Captain Peter B. Hungerford
  800 F.2d 1413· 5th Cir.· 1986-10-01 ·cited 4×
  A servicemember seeking rescission of enlistment contracts via habeas corpus must exhaust all available intraservice remedies, unless they can demonstrate futility or irreparable harm in doing so.
• Clayton Brokerage Co. OF ST. Louis, Inc. v. Commodity Futures Trading Comm'n & Webster S. Sturcken
  794 F.2d 573· 11th Cir.· 1986-07-21 ·cited 4×
  The court held that the broker's misrepresentations about trading risks proximately caused the customer's losses, and the broker acted within the scope of employment, imputing liability to the firm. The court also upheld the award of prejudgment interest.
• Sheffield Commercial Corp. v. Clemente
  792 F.2d 282· 2d Cir.· 1986-06-02 ·cited 4×
  The court held that while the lease agreement was not fraudulently induced, the damage award was calculated incorrectly and the applicability of the Motor Vehicle Retail Instalment Sales Act requires further determination.
• Condit Chem. & Grain Co., Inc. v. Helena Chem. Corp.
  789 F.2d 1101· 5th Cir.· 1986-05-08 ·cited 4×
  The court held that a state rule of civil procedure requiring agreements touching pending suits to be in writing is a rule of substance, not procedure, and thus applies in a federal diversity case.
• Gray v. Local 714
  778 F.2d 1087· 5th Cir.· 1985-12-18 ·cited 4×
  The court affirmed dismissal of federal and state contract claims but reversed dismissal of the fraudulent inducement claim.
• Pridgen v. Bill Terry's Inc.
  478 So. 2d 837· Fla. 1st DCA· 1985-11-05 ·cited 4×
  State Farm refused to pay insurance claims for two automobiles stolen by a car salesman who fraudulently induced the owners to transfer title and possession for alleged resale. The court reversed summary judgment, holding that the policy's exclusion for conversion under a sales a
• Hand v. Dayton-Hudson
  775 F.2d 757· 6th Cir.· 1985-10-28 ·cited 4×
  The court affirmed the judgment, finding that the plaintiff's unconscionable conduct as an attorney should not allow him to relitigate his age discrimination claim.
• Contractor Util. Sales Co., Inc. v. Certain-Teed Corp.
  748 F.2d 1151· 7th Cir.· 1984-11-09 ·cited 4×
  The court affirmed the jury's verdict, holding that the trial court did not abuse its discretion in evidentiary rulings and that punitive damages and pre-judgment interest were properly awarded or denied under Pennsylvania law.
• N. Donald & Co. & Sec. Clearing of Colo., Inc. v. Am. United Energy Corp.
  746 F.2d 666· 10th Cir.· 1984-10-19 ·cited 4×
  Arbitration agreements between members of self-regulatory organizations like NASD are valid and enforceable, even when involving federal securities law claims, unless there is fraud in the inducement or the dispute involves wholesale fraud of institutional dimension.
• Ebeling v. Voltz
  454 So. 2d 783· Fla. 4th DCA· 1984-08-29 ·cited 4×
  The court held that the children's allegations of extrinsic fraud, which prevented them from contesting the will, stated a cause of action cognizable by a court and were not barred by the statute precluding collateral attack after probate.
• Universal Drilling Co. v. Camay Drilling Co.
  737 F.2d 869· 10th Cir.· 1984-06-21 ·cited 4×
  The court held that extrinsic evidence was inadmissible under the parol evidence rule and that express warranties by description could be disclaimed in a contract between sophisticated businessmen for the sale of used equipment.
• Winchester Corp. v. Miami Free Zone Corp.
  443 So. 2d 1064· Fla. 3d DCA· 1984-01-17 ·cited 4×
  Appellate court affirmed dismissal of tortious interference count but reversed dismissal of breach of contract and fraud counts, requiring leave to amend rather than dismissal with prejudice.
• In re Holiday Mart, Inc. v. Holiday Mart, Inc.
  715 F.2d 430· 9th Cir.· 1983-09-06 ·cited 4×
  The court held that claims of subordinated debenture holders, even if they were fraudulently induced to purchase the debentures, should be subordinated to the claims of general unsecured trade creditors without requiring proof of reliance by the creditors.
• Rite-Nail Packaging Corp. v. Berryfast, Inc.
  706 F.2d 933· 9th Cir.· 1983-05-19 ·cited 4×
  The court held that the Halstead patent was invalid due to obviousness in light of prior art, but that the licensee was entitled to royalties accrued for a specific period after challenging the patent's validity.
• Pinken v. Frank
  704 F.2d 1019· 8th Cir.· 1983-04-12 ·cited 4×
  The court held that parol evidence is admissible to prove fraud in the inducement, even if the oral representations contradict express terms of a written contract, and that sufficient evidence supported the jury's finding of justifiable reliance and intent to deceive.
• Curcio v. Cessna Fin. Corp.
  424 So. 2d 868· Fla. 4th DCA· 1982-12-15 ·cited 4×
  This appeal involves disputes over a 1975 aircraft financing agreement among the Curcios, their corporation Crescent 609, and Cessna Finance Corporation. The court affirmed jury verdicts against the Curcios while reversing and remanding as to Crescent, holding that Crescent could
• Schiff v. Kennedy
  691 F.2d 196· 4th Cir.· 1982-10-19 ·cited 4×
  The court held that the divorce settlement's release barred the suit against the former wife, but the dismissal of the action against John Doe was improper and should be remanded for further consideration.
• Hildebrand v. Dart Indus., Inc.
  640 F.2d 289· 10th Cir.· 1981-02-10 ·cited 4×
  A prior judgment dismissing a suit based on the statute of limitations, even if not on the substantive merits, bars a subsequent suit with identical claims and facts in the same jurisdiction.
• Covington Indus., Inc. v. Resintex A. G. and Horst Susskind
  629 F.2d 730· 2d Cir.· 1980-06-23 ·cited 4×
  A New York district court can entertain a Rule 60(b) motion to vacate a registered Georgia federal court judgment if the Georgia court lacked in personam jurisdiction.
• Rochholz v. Farrar
  547 F.2d 63· 8th Cir.· 1976-12-28 ·cited 4×
  The court held that sellers' negligence in failing to read an unambiguous contract, despite assurances about its meaning, barred their claim for rescission under Iowa law.
• Gen. Elec. Credit Corp. v. Grubbs
  478 F.2d 53· 5th Cir.· 1973-04-13 ·cited 4×
  The court held that the note executed by Grubbs was enforceable and reversed the trial court's denial of recovery on it. It also reversed the award of damages on Grubbs' counterclaim and remanded for a precise determination of damages.
• Kerr-McGEE Corp. v. Bokum Corp.
  453 F.2d 1067· 10th Cir.· 1972-01-21 ·cited 4×
  The court held that the trial court correctly denied a jury trial for Bokum's counterclaim, as it was primarily an equitable action for lease cancellation rather than legal ejectment. The court also affirmed the trial court's findings on various lease disputes, including 'sell or
• Gordon v. Miami Nat'l Bank
  406 F.2d 660· D.C. Cir.· 1968-11-07 ·cited 4×
  The court affirmed the District Court's judgment, finding the appellant's opposition to summary judgment insufficient.
• Dino Iacaponi v. NEW Amsterdam Cas. Co.
  379 F.2d 311· 3d Cir.· 1967-06-23 ·cited 4×
  The court held that the insurer was in privity with the employer in the prior state court action, making the issue of fraud res judicata.
• Grover T. Davis, Jr. v. Mrs. Hildegarde Mathews
  361 F.2d 899· 4th Cir.· 1966-05-30 ·cited 4×
  The court held that a citizen has standing to sue to prevent an award that contravenes public policy, even if the contract designates a board for final determination.
• Solon Snowden v. The Franklin Nat'l Bank OF Long Island
  338 F.2d 995· 5th Cir.· 1964-12-01 ·cited 4×
  The court held that oral assurances contradicting a written promissory note are inadmissible under Texas law and do not constitute a defense.
• Prudential OIL & Minerals Co. v. Hamlin
  277 F.2d 384· 10th Cir.· 1960-02-03 ·cited 4×
  The court held that the plaintiff was the real party in interest and that the evidence was sufficient to support the jury's verdict regarding damages for fraudulent inducement.
• Wick v. Keshner
  244 F.2d 146· 8th Cir.· 1957-05-07 ·cited 4×
  The court affirmed the judgment, holding that the parties dealt at arm's length and no fiduciary relationship existed, thus precluding recovery on claims based on such a relationship. The court also held that the defendant, as appellee who did not cross-appeal, could not challeng
• Bennett v. Flanigon
  220 F.2d 799· 7th Cir.· 1955-04-05 ·cited 4×
  The court held that the testimonial and documentary evidence conclusively refuted the material factual averments of the complaint, and no issue as to any material fact remained.
• Marshall v. The NEW York Cent. R.R. Co.
  218 F.2d 900· 7th Cir.· 1955-01-14 ·cited 4×
  The court held that the plaintiff presented a submissible issue of fraud regarding the release, and the trial court erred in directing a verdict.
• Gifford v. Wichita Falls & S. Ry. Co.
  211 F.2d 494· 5th Cir.· 1954-03-26 ·cited 4×
  The court held that the plaintiff's evidence of a fraudulent promise of a lifetime job, made to induce a release, was sufficient to present a jury question on the validity of the release.
• Lees v. Akshun MFG. Co.
  205 F.2d 577· 7th Cir.· 1953-06-26 ·cited 4×
  The court held that the trial court erred in dismissing the complaint without considering the plaintiff's allegations of material breach regarding profit sharing, and that the validity of the agreements was soundly established.
• Atkinson v. Atkinson
  167 F.2d 793· 7th Cir.· 1948-05-07 ·cited 4×
  The court held that Gladys' counterclaim regarding her separate property was sufficient to establish fraud, but her claims regarding Lot 24 were barred by waiver, ratification, and estoppel. Charles' counterclaim failed as no fraud was perpetrated against him.
• Stone v. Stone
  159 Fla. 624· Fla.· 1947-10-24 ·cited 4×
  Frederick Stone sought to annul his marriage to Ann Stone, which had been entered into solely to legitimize the birth of a child fathered by Stone's younger brother. The Florida Supreme Court held that such marriages entered into with no intention to perform marital duties are co
• Knapp v. First Nat. Bank & Tr. Co. of Okla. City
  154 F.2d 395· 10th Cir.· 1946-03-26 ·cited 4×
  A court of equity has jurisdiction to rescind a partnership agreement induced by fraud, and the rights of third parties who received funds in good faith for a preexisting debt should not be resolved solely on the pleadings.
• Nalley v. N.Y. Life Ins. Co.
  138 F.2d 318· 5th Cir.· 1943-10-18 ·cited 4×
  The court held that the insured was not entitled to disability benefits or waiver of premiums because he failed to provide timely notice and proof of disability as required by the policy terms.
• Blatt v. Goldner
  2011 WL 13108060· S.D. Fla.· 2024-08-21 ·cited 3×
  Plaintiff Eli Blatt sued his business partner Marc Goldner and related parties after Goldner allegedly misrepresented his business prospects and failed to properly title and assign cryptocurrency assets (NFTs and bitcoin miners) purchased with Blatt's funds to their jointly-owned
• Fiorentino v. Cantiere Delle Marche S.R.L. Societa Unipersonale
  2024 WL 663654· S.D. Fla.· 2024-08-08 ·cited 3×
  The court held that the parties' dispute arising from the yacht construction contract, including claims related to the Cannes Boat Show, must be arbitrated in London pursuant to the contract's arbitration clause.