Topic
Misrepresentation
289 published works
Best Practices Construction Law
Your Construction Contract Won’t Always Save You From a Bad Project Record
Construction contracts are full of protections. No-damage-for-delay clauses. Consequential damage waivers. Rights to supplement a subcontractor’s work. Broad scheduling provisions. But a recent Tennessee construction case provides an important reminder:…
Zalma on Insurance
It is Very Expensive to not Read Your Policy
By Barry Zalma
Failure to Read Application for Insurance & Policy is no Excuse for Failing to Protect Waiver Cannot be Inferred From Silence Post 4869 In Northfield Insurance Company v. Michigan 32,…
Commercial Case Notes
Fraud Claim Fails Because of, Among Things, Failure Adequately to Allege Justifiable Reliance on the Alleged Misrepresentations
By John Lundin
On September 29, 2026, the First Department issued a decision in Murphy v. PHG Funding LLC, 2026 NY Slip Op 05482, holding that a fraud claim failed because, among other…
Religion Clause
10th Circuit: Misrepresentation Suit Against LDS Church Was Filed After Statute of Limitations Had Run
In In re: The Church of Jesus Christ of Latter-Day Saints Tithing Litigation, (10th Cir., Aug. 31, 2026), the U.S. 10th Circuit Court of Appeals held that a class action lawsuit…
Slaw
Book Review: Frustration of Contract
By Canadian Association Of Law Libraries
Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of…
Florida Eminent Domain Law Blog
Defending Misrepresentation Claims in B2B Litigation
Defending Misrepresentation Claims in business-to-business litigation is won or lost on four issues: what the plaintiff must prove about reliance, whether the complaint was pleaded with enough specificity to survive…
Massachusetts Chapter 93A Insights
Massachusetts Appeals Court Clarifies How Negligent Misrepresentation Can Support Chapter 93A Liability
By Abby Druhot, David G. Thomas, Angela C. Bunnell, Diana A. Balluku
Massachusetts Appeals Court vacated a Chapter 93A judgment, finding insufficient findings to support liability based on negligent misrepresentation.
Insurance Law Hawaii
Insurer’s Claim of Insured’s Misrepresentations is Time Barred
The federal district court granted the insured's motion for summary judgment and dismissed the insurer's claims of misrepresentation against the insured. Colony Ins. Co. v. Oz Solutions, et al., 2026…
Zalma on Insurance
It Doesn’t Pay to Lie in an Application for Insurance
By Barry Zalma
Rescission for Material Misrepresentation Post 5418 An Insurer May Rescind An Insurance Policy Where The Applicant Made A Material Misrepresentation In The Application. In Union Mutual Fire Insurance Company v.…
Drug & Device Law
Mistakes of Law as Fraud – A 50-State Survey
By Bexis
Not too long ago we wrote about McKenzie v. Progressive Treatment Solutions, LLC, 2026 WL 636741 (N.D. Ill. March 6, 2026). One of the things about McKenzie that caught our…