Fraudulent Inducement

1,995 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Silver Unicorn, Inc. v. Matheson
  638 So. 2d 985· Fla. 5th DCA· 1994-06-10
  Silver Unicorn and related investors appealed a judgment entered against them for alleged investment fraud. The court reversed in part, finding that a corporate defendant (Smart Financial Services) was improperly added and served without proper process, and that a joint lump-sum
• Schmidt v. Firriolo
  634 So. 2d 283· Fla. 4th DCA· 1994-03-30
  The court reversed the trial court's dismissal of a fraud action brought by sellers in a real estate transaction, holding that fraud claims are not categorically barred in real estate sales despite the existence of a contract.
• Charles A. Perron for the Estate of Ursula Bardue v. Davidson
  631 So. 2d 358· Fla. 3d DCA· 1994-02-08
  The personal representative of a deceased woman's estate appealed a summary judgment dismissing a counterclaim for fraud against the Davidsons, who had allegedly induced the decedent to convey property to them in 1981 under false promises. The court affirmed the dismissal, holdin
• Marulanda v. Marrero
  162 B.R. 20· S.D. Fla.· 1993-12-20
  The court affirmed the bankruptcy court's decision, holding that the appellants' claim was barred by both collateral estoppel and the statute of limitations.
• Davis v. Am. Tel. & Tel. Co.
  74 F. Supp. 89· M.D. Fla.· 1993-11-09
• Mellon Bank, N.A. v. Ternisky
  999 F.2d 791· 4th Cir.· 1993-07-27
  The court affirmed the district court's judgment for Mellon, holding that Mellon was a holder in due course and thus not subject to Ternisky's fraud defense.
• Randolph v. Resolution Tr. Corp. for First S. Sav. Ass'n
  995 F.2d 611· 5th Cir.· 1993-07-19
  The court held that the D'Oench, Duhme doctrine bars fraudulent inducement claims against the FDIC, but vacated summary judgment on legal malpractice claims for the Five Investors and the RTC, remanding for further factual determination on the existence of an attorney-client rela
• Brass v. NCR Corp.
  1993 WL 263435· S.D. Fla.· 1993-06-22
  The court held that the Economic Loss Rule and Statute of Frauds do not bar claims for fraudulent inducement and negligent misrepresentation.
• Lyddon v. Geothermal Props., Inc.
  996 F.2d 212· 9th Cir.· 1993-06-17
  The court held that attorney's fees and costs incurred in calculating sanctions on remand and for a separate cross-appeal are not recoverable under Rule 38.
• Sims v. Sullivan
  619 So. 2d 474· Fla. 1st DCA· 1993-06-11
• Witts v. Cortman
  620 So. 2d 197· Fla. 2d DCA· 1993-05-07
  The Witts appealed a summary judgment granted in favor of Cortman on a promissory note default claim arising from an asset purchase agreement. The court reversed because Cortman failed to disprove the Witts' affirmative defenses or establish their legal insufficiency.
• Moore v. Coffey
  992 F.2d 1439· 6th Cir.· 1993-04-30
  The court held that genuine issues of material fact exist regarding whether the guarantor was fraudulently induced into signing the guaranty agreement, precluding summary judgment.
• Hawk Aircraft Refinishing, Inc. v. Dodgen
  616 So. 2d 1157· Fla. 2d DCA· 1993-04-14
  Hawk Aircraft Refinishing, Inc. appeals a summary judgment in favor of the sellers (the Dodgens) on a promissory note for $75,000 executed as part consideration for the business purchase. The court reverses, finding the trial court abused its discretion by granting summary judgme
• Pub. Serv. Credit Union v. Ernest
  988 F.2d 627· 6th Cir.· 1993-03-19
  Under Michigan law, courts, not arbitrators, must determine whether an arbitration agreement was induced by fraud.
• Ne. Data Sys., Inc. v. McDONNELL Douglas Computer Sys. Co.
  986 F.2d 607· 1st Cir.· 1993-03-02
  The court held that the contract's choice-of-law provision, requiring application of California law, governed most of the plaintiff's Chapter 93A claims, as they were essentially breach of contract claims. The remaining fraud-based Chapter 93A claim was moot due to a settlement.
• KEY Credit, Inc. v. Espirito Santo Bank OF Fla.
  610 So. 2d 568· Fla. 3d DCA· 1992-12-08
  Key Credit, Inc. and its guarantors appealed a summary judgment dismissing their counterclaim for fraud in the inducement against their lender. The court dismissed the appeal for lack of jurisdiction, finding the order was not independently appealable because the fraud countercla
• First Fed. Sav. & Loan Ass'n OF S.C. v. Chrysler Credit Corp.
  981 F.2d 127· 4th Cir.· 1992-11-30
  First Federal, though not a holder in due course, can recover as a holder because CCC failed to establish a defense to payment of the dishonored checks.
• Herring-Marathon Master P'ship B v. Boardwalk Fries, Inc.
  979 F.2d 1326· 8th Cir.· 1992-11-19
  The Eighth Circuit affirmed the district court's judgment, holding that the landlord made no material misrepresentations and the tenant failed to adequately investigate before signing the lease.
• Wackenhut Applied Techs. Ctr. v. Sygnetron Prot. Sys.
  979 F.2d 980· 4th Cir.· 1992-11-10
  The court held that Virginia's statutory cap on punitive damages applies to all actions, including intentional torts, and does not violate constitutional due process. The jury's findings on contract existence and malice were sufficiently supported by evidence.
• JCA P'ship v. Wenzel Plumbing & Heating, Inc.
  978 F.2d 1056· 8th Cir.· 1992-11-03
  The court held that the doctrine of election of remedies and a prior settlement agreement did not preclude a breach of contract claim against WPH, but affirmed dismissal of fraud claims based on future promises and an estoppel certificate.
• Diamond D Enters. USA, Inc. v. Steinsvaag
  979 F.2d 14· 2d Cir.· 1992-10-21
  The court held that a district court did not abuse its discretion by ordering a new trial limited to damages when liability was clear and there were no indicia of jury compromise, and that the award of attorney's fees was reasonable under the contract.
• Fed. Deposit Ins. Corp. v. Wallace
  975 F.2d 227· 5th Cir.· 1992-10-20
  The court held that the parol evidence rule bars evidence of oral assurances that a promissory note would not be enforced unless there is a preliminary showing of trickery, artifice, or device, which was not present here.
• Jackson v. Speer
  974 F.2d 676· 5th Cir.· 1992-10-14
  The court held that the Texas Tolling Statute does not apply to a non-resident defendant who was not present in Texas when the cause of action for fraud accrued.
• Mead v. Mead
  974 F.2d 990· 8th Cir.· 1992-09-09
  A debtor may avoid the fixing of a judicial lien under § 522(f) only if the debtor possessed the property interest before the lien attached; however, a lien reinstated due to fraud is treated as the original lien for avoidance purposes, but any enhancement to the lien amount beyo
• Boggan v. Data Sys. Network Corp.
  969 F.2d 149· 5th Cir.· 1992-08-25
  The court held that there was insufficient evidence to support the jury's verdict for fraudulent inducement because the plaintiff failed to prove any misrepresentations of material fact or justifiable reliance.
• Coakley & Williams Constr. v. Structural Concrete Equip.
  973 F.2d 349· 4th Cir.· 1992-08-21
  The court held that the district court did not err in granting summary judgment without a hearing, and that the prior settlement agreement and release barred the current claims.
• Sondra J. Estle v. Country Mut. Ins. Co.
  970 F.2d 476· 8th Cir.· 1992-07-22
  The court held that the plaintiff was not required to return settlement funds before filing suit when the existence of an accord and satisfaction or release was disputed, and that the district court erred in denying leave to amend the complaint to add a fraud claim.
• Bright v. Coastal Lumber Co.
  962 F.2d 365· 4th Cir.· 1992-05-06
  The court held that the leases did not terminate by their own terms due to lack of coal, and that the default notices were not self-executing terminations. The court also found no abuse of discretion in the trial court's rulings on jury selection, counsel comments, and evidence a
• Childers OIL Co. v. Exxon Corp.
  960 F.2d 1265· 4th Cir.· 1992-04-03
  The court held that the appellants' fraud claim against Exxon was barred by the statute of limitations because they knew or should have known of their injury and the injurer when Exxon began building a competing service station.
• Scheidt v. Klein
  956 F.2d 963· 10th Cir.· 1992-02-11
  The court held that the district court did not abuse its discretion in denying motions for a change of venue, that the fraud and breach of contract claims were supported by sufficient evidence, and that the jury instructions and punitive damages award were proper.
• Silas E. Counts v. Burlington N. R.R. Co.
  952 F.2d 1136· 9th Cir.· 1991-12-30
  The court held that the jury's general verdict was tainted by erroneous legal theories submitted for invalidating the release, and that prejudicial evidence from the first trial was improperly submitted to the jury in the damages trial.
• Wildenstein & Co., Inc. v. Wallis
  949 F.2d 632· 2d Cir.· 1991-11-26
  The court certified unsettled questions of New York law regarding the application of the Rule Against Perpetuities and the common law rule against unreasonable restraints on alienation to preemptive rights and consignment interests in personal property, as well as related claims
• Nash v. Trs. OF Boston Univ.
  946 F.2d 960· 1st Cir.· 1991-10-15
  The court held that the Employee Retirement Income Security Act (ERISA) does not preclude the assertion of common law fraud in the inducement as a defense to claims arising under an employee benefit plan, and that the early retirement agreement was voidable due to the employee's
• Medicare Glaser Corp. v. Guardian Photo, Inc.
  936 F.2d 1016· 8th Cir.· 1991-06-27
  The court held that the supplemental allowance was an unconditional contractual obligation and that Guardian's defenses of lack of consideration, waiver, and estoppel were without merit.
• Orvin Froholm v. COX
  934 F.2d 959· 8th Cir.· 1991-05-31
  The court held that the district court did not err in granting summary judgment on fraud and good faith claims, nor in requiring appellants to exhaust administrative remedies.
• William v. Weston
  927 F.2d 369· 8th Cir.· 1991-02-28
  The court held that the district court did not err in finding the promissory note was an investment, denying the fraud claim, applying the part performance doctrine to the statute of frauds, and calculating damages.
• Nichols v. Shelter Life Ins. Co.
  923 F.2d 1158· 5th Cir.· 1991-02-21
  The court held that the evidence was insufficient under Mississippi law to support the submission of the punitive damage issue to the jury.
• In re Gus Kit Franklin v. Commonwealth Fin. Corp.
  922 F.2d 536· 9th Cir.· 1991-01-03
  California's anti-deficiency laws do not bar a lender's nondischargeability action for fraud in the inducement of a loan, even if the fraudulent representations did not directly relate to the value of the real property security.
• Wilson v. Mass. Indem. & Life Ins. Co.
  920 F.2d 1548· 10th Cir.· 1990-12-12
  The court held that parol evidence is inadmissible to vary the terms of a clear written insurance application and receipt, and that the plaintiff failed to raise a genuine issue of material fact regarding her husband's insurability or damages from alleged delays.
• J.D. Corp. v. Wartman
  571 So. 2d 66· Fla. 3d DCA· 1990-12-11
  This is an appeal by defendants J.D. Corp. d/b/a Kwik Kopy #268 and Jack and Dottie Applebaum from a summary judgment in favor of plaintiff Norman Wartman on a lease agreement for a copy machine. The court affirmed the summary judgment, finding no material disputes regarding the
• Summit Petroleum Corp. OF Ind. v. Ingersoll-Rand Fin. Corp.
  909 F.2d 862· 6th Cir.· 1990-07-06
  The court held that a debtor can transfer rights in collateral even if the security agreement prohibits it, and that a condition precedent will not be enforced if it leads to inequitable consequences or forfeiture. The court also held that an agent acting for a disclosed principa
• O'Hey v. van Dorn
  562 So. 2d 405· Fla. 4th DCA· 1990-06-06
  The estate curator of Gertrude Fries sued the Van Dorns for undue influence, fraudulent inducement, and breach of contract after they obtained her oceanfront property through a 1982 deed and later sold it for $435,000. The jury found undue influence and breach of contract but not
• State v. Brown
  558 So. 2d 1054· Fla. 2d DCA· 1990-03-09
  Florida appeals from pretrial orders suppressing Barry Brown's confessions and a firearm discovered in his bedroom. The appellate court reverses, finding no evidence of coercion or improper police conduct in obtaining Brown's Miranda-waived statements or in the mother's consent t
• Fla. W. Coast Operating Eng'rs Local 925 Welf. Fund v. Sunbelt Sales & Rentals, Inc.
  732 F. Supp. 1135· M.D. Fla.· 1990-03-01
  The court held that Sunbelt's actions did not constitute repudiation of its agreement to make benefit contributions, and that the agreement satisfied the "written basis" requirement of Section 302(c)(5)(B).
• Ferguson v. Ellis Rubin LAW Offs., P.A.
  559 So. 2d 80· Fla. 3d DCA· 1990-01-30
  Ferguson appeals a judgment requiring him to pay Ellis Rubin Law Offices $62,000 under a legal services retainer agreement. The court reverses, holding that ERLOPA failed to perform its contractual obligations because it neither Ellis Rubin nor ERLOPA appeared at Ferguson's crimi
• Alan Simons Assocs., Inc. v. Deltareach Corp., N.V.
  554 So. 2d 581· Fla. 3d DCA· 1989-12-19
  Alan Simons Associates and Alan Simons appealed a summary judgment against them in a lease dispute. The court reversed, finding that genuine issues of material fact existed regarding oral promises allegedly made by the landlord's agent that would estop enforcement of the lease te
• Johnson v. Bokor
  548 So. 2d 1185· Fla. 2d DCA· 1989-09-22
  Johnson purchased a 50% stock interest in a close corporation from Bokor based on Bokor's representation that the corporation's tax liabilities did not exceed $10,000, when they actually exceeded $16,000. The trial court dismissed Johnson's third amended complaint for fraud and b
• Wilson Elec. Contractors, Inc. v. Minnotte Contracting Corp.
  878 F.2d 167· 6th Cir.· 1989-06-27
  The court held that an arbitration clause within a valid contract is enforceable, even if it grants one party the option to arbitrate, and that the Federal Arbitration Act mandates a stay of proceedings pending arbitration.
• Beaver Coaches, Inc. v. Revels Nationwide R.V. Sales, Inc.
  543 So. 2d 359· Fla. 1st DCA· 1989-05-12
  Beaver Coaches appealed a trial court order denying arbitration of claims by Revels Nationwide R.V. Sales for breach of an exclusivity dealer agreement and franchise fraud. The court reversed, holding that the broad arbitration clause in the parties' contract encompassed all disp
• Blitstein v. Intervisa Corp.
  545 So. 2d 308· Fla. 3d DCA· 1989-04-18