Materiality Of Misrepresentation

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

• COX v. Burke
  706 So. 2d 43· Fla. 5th DCA· 1998-01-23 ·cited 183×
  Cox appeals dismissal of her legal malpractice action against her former attorneys Burke and Gordon, who withdrew representation after the statute of limitations expired on her underlying medical malpractice claim. The court upheld dismissal based on Cox's pervasive fraud in disc
• Kahan v. Rosenstiel
  424 F.2d 161· 3d Cir.· 1970-02-20 ·cited 164×
  The Third Circuit reversed the district court's dismissal of the plaintiff's petition for counsel fees. The court held that the plaintiff's underlying complaint stated a cause of action under Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, even though the pla
• Pryor v. Oak Ridge Dev. Corp.
  97 Fla. 1085· Fla.· 1928-12-22 ·cited 121×
  R.E.L. Pryor organized Oak Ridge Development Corporation to purchase land and sold stock to finance the deal, but allegedly concealed secret commissions and profits from the stockholders. The Florida Supreme Court reversed the trial court's denial of demurrers, holding that the a
• United States v. Carmichael
  489 F.2d 983· 7th Cir.· 1973-10-09 ·cited 108×
  The court held that while the affidavit for the arrest warrant was facially sufficient, the trial court erred in denying the defendant an opportunity to challenge the reliability of the informant.
• Norton v. Curtiss
  433 F.2d 779· C.C.P.A.· 1970-11-12 ·cited 106×
  The court held that allegations of fraud on the Patent Office are ancillary to priority and thus reviewable, and that the Board of Patent Interferences did not err in finding no adequate basis for a fraud holding against Curtiss.
• United States v. Halbert
  640 F.2d 1000· 9th Cir.· 1981-03-06 ·cited 105×
  The court held that while evidence of codefendants' guilty pleas may be admissible to assess witness credibility, the trial court's failure to provide a sufficiently clear limiting instruction to the jury constituted reversible error.
• United States v. Gleason
  616 F.2d 2· 2d Cir.· 1979-12-19 ·cited 92×
  The court affirmed the convictions, finding that despite an ill-conceived jury instruction, the overall charge was balanced and did not prejudice the defendants.
• United States v. Bass
  490 F.2d 846· 5th Cir.· 1974-03-11 ·cited 82×
  The court held that the government failed to present sufficient evidence to raise a jury question on the defendant's sanity, and also failed to present sufficient evidence for several of the drug offense counts. The court reversed the convictions.
• Sec. & Exch. Comm'n v. Research Automation Corp.
  585 F.2d 31· 2d Cir.· 1978-10-16 ·cited 79×
  Summary judgment is appropriate when the non-moving party fails to provide concrete particulars to contradict the moving party's evidence, and the misrepresentations are so obviously important that reasonable minds cannot differ on materiality.
• Hillcrest Pac. Corp. v. Yamamura
  727 So. 2d 1053· Fla. 4th DCA· 1999-02-24 ·cited 75×
  Pacific Atlas Development Corporation and Hillcrest Pacific Corporation appealed the dismissal of a twelve-count complaint arising from their purchase of a Florida golf course. The court affirmed dismissal, finding that Pacific failed to state causes of action for fraud in the in
• United States v. Markham
  537 F.2d 187· 5th Cir.· 1976-08-18 ·cited 75×
  The court held that the indictment was sufficient, the evidence supported the conviction, and the trial court did not err in limiting cross-examination.
• United States v. Titus Thomas
  489 F.2d 664· 5th Cir.· 1973-12-19 ·cited 70×
  The court held that an affidavit containing misrepresentations is invalid if the error was intentional, or if unintentionally made but material to probable cause.
• Nat'l Labor Relations Bd. v. Sumter Plywood Corp.
  535 F.2d 917· 5th Cir.· 1976-07-23 ·cited 69×
  The court held that the National Labor Relations Board's order to bargain must be enforced because the Union was properly certified, as the alleged improprieties in the organizational campaign did not materially affect the election results.
• Dopp v. Franklin Nat'l Bank
  461 F.2d 873· 2d Cir.· 1972-05-30 ·cited 66×
  The court held that the plaintiff failed to demonstrate a likelihood of success on the merits of his securities law claim or irreparable injury, thus the preliminary injunction was improperly granted.
• DeLONG Corp. v. Raymond Int'l, Inc.
  622 F.2d 1135· 3d Cir.· 1980-04-14 ·cited 62×
  The court held that summary judgment finding the Slemmons patent invalid due to being 'on sale' more than one year prior to application was proper, but summary judgment finding fraud in obtaining the patent was not supported by sufficient evidence of intent.
• Haiman v. Fed. Ins. Co.
  798 So. 2d 811· Fla. 4th DCA· 2001-10-24 ·cited 52×
  Matthew Haiman appealed a summary judgment granted against him in an insurance coverage dispute involving a claimed loss of an insured watch. The trial court ruled that Haiman made a material misrepresentation and failed to comply with document production requirements, but the ap
• Mid-State Fertilizer Co. v. Exch. Nat'l Bank OF Chicago
  877 F.2d 1333· 7th Cir.· 1989-06-19 ·cited 52×
  The court affirmed the district court's judgment, finding that the Kimmels lacked standing for RICO and Bank Holding Company Act claims, and that Mid-State failed to allege valid fraud for a RICO claim.
• Marvyn Gould v. American-Hawaiian S.S. Co.
  535 F.2d 761· 3d Cir.· 1976-04-08 ·cited 52×
  The court held that the defendant was entitled to a trial on issues of materiality and negligence, and summary judgment was inappropriate.
• Pankajkumar Patel v. U.S. Attorney General
  971 F.3d 1258· 11th Cir.· 2020-08-19 ·cited 51×
  Pankajkumar Patel, an Indian citizen who entered the United States without inspection, sought adjustment of status under a provision allowing discretionary relief for aliens with approved labor certifications, but was found ineligible because he had falsely represented himself as
• United States v. Page
  808 F.2d 723· 10th Cir.· 1987-01-02 ·cited 50×
  The court affirmed the conviction, holding that the defendant's various claims of prosecutorial misconduct, errors in wiretap affidavits, Brady and Jencks Act violations, improper cross-examination, and newly discovered evidence did not warrant dismissal or a new trial.
• Cameron v. Outdoor Resorts OF Am., Inc.
  608 F.2d 187· 5th Cir.· 1979-12-13 ·cited 48×
  The court held that condominium campsite blocks sold with rental income projections constituted securities, and that the seller's misrepresentations could support claims for both federal securities fraud and common law fraud under Florida law, affirming the lower court's judgment
• Sweats Fashions, Inc. v. Pannill Knitting Co., Inc.
  833 F.2d 1560· Fed. Cir.· 1987-11-13 ·cited 47×
  The court held that summary judgment was appropriate because there were no genuine issues of material fact regarding likelihood of confusion or fraud, and the term 'sweats' is descriptive or generic.
• Standard Acc. Ins. Co. of Detroit v. Winget
  197 F.2d 97· 9th Cir.· 1952-05-15 ·cited 47×
  The court held that a corrected misstatement in a deposition, made before trial and without prejudice to the insurer, does not constitute a breach of the cooperation clause. It also held that an insurance policy's per-person liability limit applies to interest on judgments, not t
• Lipton v. Documation, Inc.
  734 F.2d 740· 11th Cir.· 1984-06-18 ·cited 46×
  This circuit recognizes the fraud on the market theory for class actions alleging inflated open market stock prices due to defendant's deception.
• Plastic Container Corp. v. Cont'l Plastics OF Okla., Inc.
  607 F.2d 885· 10th Cir.· 1979-08-08 ·cited 46×
  The court held that Plastic Container Corporation was not collaterally estopped from asserting the validity of its reissue patent claims, and that the reissue patent was not invalid due to fraud on the PTO.
• Collins & Aikman Corp. v. Nat'l Labor Relations Bd.
  383 F.2d 722· 4th Cir.· 1967-09-15 ·cited 46×
  The court held that the Board's certification of the election was invalid due to material misrepresentations by the Union regarding wages and excessive economic inducements offered to an employee to serve as an observer, which likely impacted the close election results.
• Morton Bldgs. OF Neb., Inc. v. Morton Bldgs., Inc.
  531 F.2d 910· 8th Cir.· 1976-03-09 ·cited 45×
  The court held that the plaintiff failed to prove tortious interference or antitrust violations, but remanded for entry of judgment on profits owed under the termination agreement.
• Henderson Trumbull Supply Corp. v. The Nat'l Labor Relations Bd.
  501 F.2d 1224· 2d Cir.· 1974-07-23 ·cited 44×
  The court held that the majority erred in substituting its judgment for the Board's and in requiring an evidentiary hearing based on speculation about campaign propaganda's effect.
• Sec. & Exch. Comm'n v. Rogers
  790 F.2d 1450· 9th Cir.· 1986-06-03 ·cited 41×
  The dissent argues that the trial court's findings were clearly erroneous and that Rogers aided and abetted securities fraud.
• 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.
• Nat'l Labor Relations Bd. v. G. K. Turner Assocs.
  457 F.2d 484· 9th Cir.· 1972-03-21 ·cited 40×
  The court held that unresolved factual issues regarding the company's objections to the election, stemming from alleged union misrepresentations and a misleading election notice, necessitate an evidentiary hearing.
• Odessa Woods v. The Nat'l Life & Accident Ins. Co.
  347 F.2d 760· 3d Cir.· 1965-06-22 ·cited 40×
  The court held that while a directed verdict should have been granted, the failure to move for judgment notwithstanding the verdict (n.o.v.) requires a remand for a new trial.
• Nat'l Labor Relations Bd. v. Gorbea
  328 F.2d 679· 1st Cir.· 1964-03-06 ·cited 40×
  A union's pre-election waiver of initiation fees, presented as a benefit for joining immediately, constitutes a substantial organizational inducement and misrepresentation that interferes with employee free choice.
• John R. Lewis Inc. v. Hal C. Newman
  446 F.2d 800· 5th Cir.· 1971-07-15 ·cited 38×
  The court held that the judgment must be modified to require plaintiffs to surrender the unregistered shares upon satisfaction of the award, but affirmed the judgment in all other respects.
• J & H Auto Trim Co., Inc. v. Bellefonte Ins. Co.
  677 F.2d 1365· 11th Cir.· 1982-06-10 ·cited 37×
  The court held that the jury's verdict was supported by substantial evidence and reversed the district court's judgment notwithstanding the verdict and order for a new trial.
• Florine G. Gaskins and George W. Gaskins v. Gen. Ins. Co. OF Fla.
  397 So. 2d 729· Fla. 1st DCA· 1981-04-22 ·cited 37×
  The Gaskins sought coverage under an auto insurance policy issued by General Insurance Company of Florida, which the insurer denied based on alleged misrepresentation regarding household drivers. The court reversed summary judgment, finding genuine issues of fact regarding whethe
• United States v. Buck
  548 F.2d 871· 9th Cir.· 1977-02-22 ·cited 35×
  The dissenting judge holds that the majority opinion is irreconcilable with prior precedent and that the judgment of conviction should be reversed.
• Rochester Civic Theatre, Inc. v. Ramsay
  368 F.2d 748· 8th Cir.· 1966-11-17 ·cited 34×
  The court held that the plaintiff failed to preserve for review the sufficiency of the evidence regarding reliance on the pledge, and that the jury's verdict for the defendant was supported by evidence of fraud.
• Simons v. United States
  119 F.2d 539· 9th Cir.· 1941-04-21 ·cited 32×
  The court held that a defendant can waive their right to have the same judge preside over the entire trial, and that a substitute judge who has reviewed the record can validly continue and conclude the trial. Evidence of a stock sale, even if personal, is admissible if it was par
• Morris v. Ingraffia
  154 Fla. 432· Fla.· 1944-05-09 ·cited 31×
  Mario A. Ingraffia paid $3,000 as earnest money toward a $30,000 real estate purchase from Harry S. Morris, relying on Morris's assurances about a 99-year lease on the property. Ingraffia later discovered the lease contained an option clause allowing the lessee to purchase the fe
• In re The Complaint of Bankers Tr. Co. v. Bethlehem Steel Corp.
  752 F.2d 874· 3d Cir.· 1984-12-31 ·cited 30×
  The court held that the district court erred in failing to apply Indian law to the power of attorney and in not applying the Garrett standard of scrutiny to the release executed by the seaman's mother.
• Bettes v. Stonewall Ins. Co.
  480 F.2d 92· 5th Cir.· 1973-04-17 ·cited 30×
  The dissenting judge argues that the plaintiff should be granted a reversal because the trial court improperly refused to amend the pretrial order to include the issue of the insurer's compliance with Texas Insurance Code Article 21.17. This statute requires an insurer to provide
• Deaktor v. FOX Grocery Co.
  475 F.2d 1112· 3d Cir.· 1973-03-27 ·cited 30×
  The court held that the plaintiffs' evidence regarding damages and causation for alleged antitrust violations was too speculative to be submitted to a jury, and that alleged accounting errors were immaterial under Rule 10b-5.
• United States ex rel. Jankowski v. Shaughnessy
  186 F.2d 580· 2d Cir.· 1951-01-29 ·cited 30×
  A visa obtained by fraud or material misrepresentation is invalid, and a person with an outstanding final finding of deportability cannot be naturalized.
• Rozay's Transfer v. Local Freight Drivers
  850 F.2d 1321· 9th Cir.· 1988-06-24 ·cited 28×
  The court held that the district court had jurisdiction under LMRA § 301 to hear a claim of fraudulent inducement in the formation of a collective bargaining agreement, and that the employer's reliance on the union's misrepresentation was reasonable.
• Cleverock Energy Corp. v. Trepel
  609 F.2d 1358· 10th Cir.· 1979-11-20 ·cited 28×
  The court affirmed the trial court's judgment on the Dove Creek Agreement, finding no error in the dismissal of fraud and misrepresentation claims, and affirmed the district court's assertion of personal jurisdiction over TPC for the Scott Field project.
• Langer v. Kaufman
  465 F.2d 915· C.C.P.A.· 1972-09-21 ·cited 28×
  The court held that the Board of Patent Interferences erred in declining jurisdiction over the fraud claim, but ultimately affirmed the board's decision awarding priority of invention to appellees.
• Giuseppe Lomartira v. Am. Auto. Ins. Co.
  371 F.2d 550· 2d Cir.· 1967-01-16 ·cited 28×
  Fraudulent testimony by the insured at trial, even after a loss, can void a fire insurance policy under the Connecticut standard form policy, especially when the district court finds the testimony knowingly false.
• Gen. Ins. Co. OF Am. v. W. Fire & Cas. Co.
  241 F.2d 289· 5th Cir.· 1957-01-31 ·cited 28×
  The court held that the insurer (Western) was charged with its agent's knowledge of the true ownership of the vehicle, rendering the misrepresentation claim groundless, and that the newly acquired vehicle clause applied.
• Mass. Bonding & Ins. Co. v. Williams
  123 Fla. 560· Fla.· 1936-03-30 ·cited 28×
  An insurance company sought to avoid liability on a disability policy by claiming misrepresentations in the application, but the court held that when an agent, not the insured, inserted false answers in the application, the insurer is estopped from denying liability. The jury ver