Fraudulent Inducement

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

• Urs Koechli v. BIP Int'l, Inc.
  870 So. 2d 940· Fla. 1st DCA· 2004-04-26 ·cited 44×
  Non-signatory agents and officers of a contracting party may compel arbitration under the signatory's arbitration agreement when they acted as representatives of the signatory in performing the contract and the claims against them arise from that representative capacity. The cour
• Commonwealth Edison Co. v. Gulf OIL Corp.
  541 F.2d 1263· 7th Cir.· 1976-09-20 ·cited 44×
  The court held that the Federal Arbitration Act governs the arbitration clause despite a choice of law provision, and that the termination dispute is arbitrable. It also held that the district court correctly refused to apply Illinois law to dismiss the federal action and that th
• OTT v. Midland-Ross Corp.
  523 F.2d 1367· 6th Cir.· 1975-10-01 ·cited 44×
  The court held that if a waiver of rights under the Age Discrimination in Employment Act was induced by fraud, the waiver is voidable, and the statute of limitations may be tolled by equitable estoppel.
• Storrs v. Storrs
  130 Fla. 711· Fla.· 1937-05-20 ·cited 44×
  H. C. Storrs purchased a newspaper plant from R. W. Storrs based on fraudulent representations regarding its value and earning capacity, paying $9,000 when the plant was worth only $895. When sued on a promissory note for the unpaid balance, Storrs sought to assert a defense of r
• John Brown Automation, Inc. v. Nobles
  537 So. 2d 614· Fla. 2d DCA· 1988-12-16 ·cited 43×
  John Brown Automation failed to timely deliver machines and critical tooling for collet nut manufacturing, resulting in a jury verdict awarding $6 million in punitive damages and $2.2 million in compensatory damages. The appellate court reversed, holding that punitive damages are
• S.A. Mineracao da Trindade-Samitri v. Utah Int'l, Inc.
  745 F.2d 190· 2d Cir.· 1984-10-01 ·cited 43×
• Brown v. Brown
  432 So. 2d 704· Fla. 3d DCA· 1983-06-07 ·cited 43×
  Ruth Brown appealed the dismissal of her counterclaim alleging that her ex-husband fraudulently induced her to execute a property settlement agreement and mortgage. The court reversed, holding that Florida Rule of Civil Procedure 1.540(b) permits independent actions based on extr
• Murphy v. Hohne
  73 Fla. 803· Fla.· 1917-03-31 ·cited 43×
  Specific performance of a contract for the sale of real estate is not a matter of right but a matter of sound judicial discretion, and a court will not grant specific performance in part where the defendant's spouse holds an uncontemplated dower interest that cannot be conveyed w
• Rousso v. Hannon
  146 So. 3d 66· Fla. 3d DCA· 2014-08-06 ·cited 42×
  The court granted certiorari relief to non-parties Rousso and Alhadeff, quashing a trial court order that required them to disclose confidential financial information and potentially privileged attorney-client communications in an underlying contract dispute. The court held that
• Fogade v. ENB Revocable Tr.
  263 F.3d 1274· 11th Cir.· 2001-08-28 ·cited 42×
  FOGADE and Corpofin sued to recover shares of Eastern National Bank (ENB) that defendants allegedly misappropriated through a series of transactions on May 9, 1994, designed to shield the shares from Venezuelan judicial proceedings. The district court initially dismissed the case
• Oruga Corp., Inc. v. AT&T Wireless OF Fla., Inc.
  712 So. 2d 1141· Fla. 3d DCA· 1998-06-10 ·cited 42×
  Oruga Corporation challenges whether Florida's offer of judgment statute (section 768.79) applies to class action suits and whether attorney's fees for litigating the amount of fees should be recoverable. The court holds that section 768.79 applies to all civil actions including
• LA Pesca Grande Charters, Inc. v. Moran
  704 So. 2d 710· Fla. 5th DCA· 1998-01-02 ·cited 42×
  La Pesca Grande Charters appealed the dismissal of a fraud claim against Ron Bowling, president of the boat seller Wild Dog, Inc., arising from allegedly false representations about a yacht's condition prior to its purchase. The court reversed the dismissal, holding that fraud in
• ThunderWave, Inc. v. Carnival Corp.
  954 F. Supp. 1562· S.D. Fla.· 1997-01-23 ·cited 42×
  The court granted dismissal for tortious interference and misrepresentation claims but denied dismissal for unjust enrichment claims.
• Hibiscus Assocs. Ltd. v. Bd. OF Trs. OF the Policemen & Firemen Ret. Sys. OF the City OF Detroit
  50 F.3d 908· 11th Cir.· 1995-04-20 ·cited 42×
  The Eleventh Circuit reversed the district court's grant of judgment notwithstanding the verdict (JNOV) and new trial on the rescission claim, holding that Florida law permits rescission for breach of a dependent covenant that goes to the heart of a contract, and that substantial
• Oceanic Villas, Inc. v. Godson
  148 Fla. 454· Fla.· 1941-11-14 ·cited 42×
  A lease procured by fraud is not binding, and a clause stating no representations were made does not prevent a claim of fraud in the inducement.
• OTT v. Midland-Ross Corp.
  600 F.2d 24· 6th Cir.· 1979-06-04 ·cited 41×
  The court held that summary judgment was improperly granted, as conflicting evidence existed regarding whether the employer fraudulently induced the employee to delay filing his age discrimination claim, and that the jury should determine these factual issues.
• Palumbo v. Moore
  777 So. 2d 1177· Fla. 5th DCA· 2001-02-16 ·cited 40×
  The appellate court reversed a dismissal of a shareholder's cross-claim and third-party complaint. The court found that the shareholder had adequately stated claims for declaratory relief and fraud in the inducement regarding his personal guarantees for company loans.
• Olney Sav. & Loan Ass'n v. Trinity Banc Sav. Ass'n
  885 F.2d 266· 5th Cir.· 1989-10-10 ·cited 40×
  The court affirmed the trial court's judgment, holding that the jury's findings of fraud and misrepresentation were supported by sufficient evidence and that FSLIC's defenses were not applicable.
• Interpetrol Bermuda Ltd. v. Kaiser Aluminum Int'l Corp.
  719 F.2d 992· 9th Cir.· 1983-11-01 ·cited 40×
  The court held that the force majeure clause excused Kaiser's performance due to supplier default for economic reasons, and Kaiser was not required to transfer its rights against suppliers to InterPetrol.
• Fredonia Broad. Corp., Inc. v. RCA Corp.
  569 F.2d 251· 5th Cir.· 1978-03-08 ·cited 40×
  A judge must disqualify himself if his impartiality might reasonably be questioned, particularly when his former law clerk, who worked on the case during his clerkship, is involved with the opposing counsel. The case is reversed and remanded for a new trial before a different jud
• Levine v. Seilon, Inc.
  439 F.2d 328· 2d Cir.· 1971-03-01 ·cited 40×
  A plaintiff cannot recover damages under Rule 10b-5 for a corporation's alleged fraudulent scheme to redeem preferred stock if the plaintiff cannot demonstrate actual damages, such as the difference between the redemption price and the stock's investment value.
• Rossiter v. Vogel
  134 F.2d 908· 2d Cir.· 1943-04-13 ·cited 40×
  The court held that the lower court erred in granting summary judgment because issues of fraud and inadequate consideration in the 1926 assignment of a copyright renewal expectancy raise triable questions of fact.
• Anton Nicolai Simon v. The Celebration Co.
  883 So. 2d 826· Fla. 5th DCA· 2004-06-04 ·cited 39×
  The Simons appealed the trial court's dismissal of their lawsuit against The Celebration Company and educational institutions, alleging they relocated based on misrepresentations about educational quality at The Celebration School. The appellate court reversed in part and affirme
• M/I Schottenstein Homes, Inc. v. Nasad Azam
  813 So. 2d 91· Fla.· 2002-03-07 ·cited 39×
  The Florida Supreme Court resolved a conflict between district courts regarding whether fraud claims can be based on misrepresentations about matters contained in public records. The Court held that such claims present a factual question unsuitable for dismissal via motion to dis
• Williams v. Bear Stearns & Co.
  725 So. 2d 397· Fla. 5th DCA· 1998-12-23 ·cited 39×
  Insurance commissioner Williams, as receiver for insolvent National Heritage Life Insurance Company, appealed dismissals of claims against investment advisors for losses from collateralized mortgage obligations. The appellate court held that tort claims against non-contracting pa
• Pettinelli v. Danzig
  722 F.2d 706· 11th Cir.· 1984-01-12 ·cited 39×
  The court held that the Agreement and Release conclusively resolved all claims arising from events prior to its date, barring claims of fraud in the inducement for that period.
• Bankers Tr. Co. v. Pac. Emp'rs Ins. Co.
  282 F.2d 106· 9th Cir.· 1960-08-24 ·cited 39×
  The court held that the appellant's prior action to enforce the insurance contract did not bar a subsequent tort action for fraud in the inducement of that contract, as they are distinct causes of action.
• Sauder v. Rayman
  800 So. 2d 355· Fla. 4th DCA· 2001-11-28 ·cited 38×
  ASI Acquisition sought to abate or dismiss a Florida lawsuit filed by members Rayman and Alpert in favor of an earlier-filed federal suit in Illinois, arguing for priority under the principle of abatement and enforcing forum selection clauses in the purchase agreements. The trial
• Comptech Int'l, Inc. v. Milam Commerce Park, Ltd.
  753 So. 2d 1219· Fla.· 1999-10-28 ·cited 38×
  The Florida Supreme Court resolved conflicting appellate decisions on whether the economic loss rule bars statutory causes of action under Florida's building code statute (section 553.84). The Court held that the economic loss rule does not preclude statutory causes of action and
• Nat'l Equip. Rental, Ltd. v. Fowler
  287 F.2d 43· 2d Cir.· 1961-02-08 ·cited 38×
  The court held that a district court abused its discretion by enjoining proceedings in another district after the first court had already considered and denied motions regarding venue and transfer.
• Foreclosure Freesearch, Inc. v. Sullivan
  12 So. 3d 771· Fla. 4th DCA· 2009-04-29 ·cited 37×
  Foreclosure FreeSearch appealed a trial court's temporary injunction blocking a reverse stock split and appraisal process affecting minority shareholders Sullivan and Muttillo. The appellate court reversed, holding that the appraisal process constitutes an adequate remedy at law
• Telecom Italia v. Wholesale Telecom Corp.
  248 F.3d 1109· 11th Cir.· 2001-04-18 ·cited 37×
  Telemedia International U.S.A., Inc. (TMI) appealed the District Court's denial of its motion to compel arbitration of a tortious interference claim brought by Wholesale Telecom Corporation (WTC) in a third-party complaint. WTC alleged that TMI, in concert with its parent company
• PK Ventures, Inc. v. Raymond James & Assocs., Inc.
  690 So. 2d 1296· Fla.· 1997-04-03 ·cited 37×
  The Florida Supreme Court held that a buyer of commercial property is not barred by the economic loss rule from recovering damages for negligent misrepresentation against the seller's broker. The Court applied its decision in Woodson v. Martin, which established that fraud in the
• Icie Lee Nowling McCOY v. Love
  382 So. 2d 647· Fla.· 1979-12-27 ·cited 37×
  Mary V. Nowling Elliott, an illiterate elderly woman, sued to cancel a deed conveying mineral rights that she claimed was procured by fraud. The Florida Supreme Court held that while the deed was obtained through fraud in the inducement, it was voidable (not void ab initio), and
• In re the Petition of Kinoshita & Co., Ltd.
  287 F.2d 951· 2d Cir.· 1961-03-16 ·cited 37×
  The court held that the arbitration clause was not broad enough to cover allegations of fraud in the inducement, and that there was no substance to the fraud claim.
• Ganaway v. Henderson
  103 So. 2d 693· Fla. 1st DCA· 1958-06-24 ·cited 37×
  Kenneth Ganaway leased a Dairy Queen store from Dorothy Henderson but vacated after six months due to equipment problems. Ganaway sought rescission of the lease and damages for spoiled ice cream mix, alleging fraud and breach of warranty. The Florida District Court of Appeal affi
• D & M Jupiter, Inc. v. Friedopfer
  853 So. 2d 485· Fla. 4th DCA· 2003-07-23 ·cited 36×
  D & M Jupiter purchased commercial property from Jupiter Industrial Associates for $1,850,000 based on representations about proper drainage systems. D & M sued for fraud in the inducement and negligent misrepresentation after the property proved to be flood-prone, and the trial
• Sami Qubty v. Rasiklal Nagda
  817 So. 2d 952· Fla. 5th DCA· 2002-05-24 ·cited 36×
  The Fifth District Court of Appeal reversed the trial court's denial of motions to compel arbitration in a securities brokerage dispute, holding that the Nagdas' fraud and breach of contract claims against New England Life and its representatives were subject to mandatory arbitra
• Baggett v. Electricians Local 915 Credit Union
  620 So. 2d 784· Fla. 2d DCA· 1993-04-30 ·cited 36×
  Baggett deposited $40,000 in a certificate of deposit at a credit union, relying on advice from the credit union's assistant manager to title it to protect the funds from his ex-wife. After his ex-wife withdrew most of the funds using a power of attorney from his incarcerated son
• Olmstead v. Amoco OIL Co.
  725 F.2d 627· 11th Cir.· 1984-02-24 ·cited 36×
  The court held that res judicata barred the fraudulent inducement claim based on an alleged five-year lease extension, but a separate claim for fraudulent misrepresentation of the car wash price was not barred and entitled the plaintiff to $5,300. The court also affirmed the dire
• Charter AIR Ctr., Inc. v. Miller
  348 So. 2d 614· Fla. 2d DCA· 1977-07-01 ·cited 36×
  Charter Air Center and its president Cousins appealed a jury verdict awarding Miller $11,000 compensatory damages plus $7,000 punitive damages for breach of contract and alleged fraudulent misrepresentation regarding the sale of an airplane. The appellate court reversed the punit
• Dieter Zikofsky v. Mktg. 10, Inc.
  904 So. 2d 520· Fla. 4th DCA· 2005-05-25 ·cited 35×
  A Florida appellate court upheld the application of res judicata and collateral estoppel to bar a former business associate's second lawsuit against a corporation and its controlling shareholders, based on a prior judgment involving the same contractual dispute. The court held th
• Fed. Deposit Ins. Corp. v. McCULLOUGH
  911 F.2d 593· 11th Cir.· 1990-09-10 ·cited 35×
  The D'Oench, Duhme doctrine and federal common law protections extend to the FSLIC as a receiver, barring defenses based on unrecorded oral agreements, even when the FSLIC is later substituted as the real party in interest.
• Olympia Hotels Corp. v. Johnson WAX Dev. Corp.
  908 F.2d 1363· 7th Cir.· 1990-07-20 ·cited 35×
  A federal magistrate cannot conduct voir dire in a civil jury trial without the parties' consent, and such an error is not subject to the harmless error rule. The doctrine of election of remedies, in its substantive aspect, prevents double recovery but does not bar a party from a
• Grubb v. Fed. Deposit Ins. Corp. (successor-in-interest to First Nat'l Bank & Tr. Co. of Okla. City)
  868 F.2d 1151· 10th Cir.· 1989-02-16 ·cited 35×
  The court held that the FDIC was not entitled to summary disposition based on Langley v. FDIC because the notes were already voided by a prior judgment. The court also held that Grubb had standing under Rule 10b-5 because he was directly induced by misrepresentations and personal
• S. Leasing P'rs, Ltd. v. McMULLAN
  801 F.2d 783· 5th Cir.· 1986-10-08 ·cited 35×
  The court held that the district court did not abuse its discretion in imposing sanctions under Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927 against the plaintiff and its attorneys for filing claims not well-grounded in fact or warranted by law.
• N&D Fashions, Inc. v. DHJ Indus., Inc.
  548 F.2d 722· 8th Cir.· 1976-12-21 ·cited 35×
  A party who signs a contract containing an arbitration clause on the reverse side, even without reading it, is bound by that clause unless there is fraud or misrepresentation.
• Dorton v. Collins & Aikman Corp. & Painter Carpet Mills, Inc.
  453 F.2d 1161· 6th Cir.· 1972-01-06 ·cited 35×
  The court held that the arbitration clause in the acknowledgment forms was a proposal for addition to the contract under UCC § 2-207(2) and would be binding only if it did not materially alter the buyer's oral offer, requiring further factual findings.
• Thompson v. Camp
  167 F.2d 733· 6th Cir.· 1948-04-23 ·cited 35×
  The court held that it has the authority to limit the issues upon remand for a new trial to a single issue, such as damages, when the error necessitating the new trial did not affect the determination of other issues.
• Hiram D. Ballard v. Kennedy
  34 Fla. 483· Fla.· 1894-06-01 ·cited 35×
  The Florida Supreme Court reversed a mortgage foreclosure decree, holding that the heirs at law of a deceased mortgagor who were made original defendants could appeal the foreclosure decree despite being dismissed from the suit, and that the trial court improperly struck their an