Topic
Misrepresentation
289 published works
New York Commercial Division Practice
Class Action Lawsuit Dismissed: Commercial Division Finds Company’s Alleged Misrepresentations and Omissions During Stock Sale Non-Actionable Under Securities Law
Many of us have previously heard the expression that there is a fine line between fact and fiction. In securities law that holds especially true where companies that risk walking…
Zalma on Insurance
Ordinary Meaning v. Expert Testimony
By Barry Zalma
When is a lie on an Application Potentially Truthful? Insurance contracts are based upon an application – a request for an offer of insurance – from the potential insured. The…
Florida Construction Legal Updates
CLAIMS BASED ON MISREPRESENTATION MUST BE INDEPENDENT OF CLAIMS BASED ON A CONTRACTUAL BREACH
While misrepresentation-type tort claims (fraudulent inducement, fraudulent misrepresentation, or negligent misrepresentation) sometimes sound like attractive claims, they are oftentimes not appropriate claims, particularly when there is a contract between the…
Global Regulation Tomorrow
Ombudsman publishes insights into complaints arising in respect of underinsurance, misrepresentation and non-disclosure
The Financial Ombudsman Service (FOS) has published on its website an insight into how it deals with complaints in relation to consumer misrepresentations and non-disclosures and the impact of underinsurance.…
Appellate Advocacy Blog
About that alteration to your quotation….
While judges have lots of complaints about briefs, the two most common complaints from judges we saw in working on the third edition of Winning on Appeal were the following: (1) briefs…
Talkov Law Blog
Fraud, Intentional Misrepresentation and Deceit Under California Law
By Scott Talkov
How to Prove Intentional Misrepresentation, Actual Fraud, and Deceit in California What many people believe is a “fraud” may or may not fit within the legal definition of fraud in…
Legal Profession Blog
To Suspend Or Not
This Wednesday before the Ohio Supreme CourtDisciplinary Counsel v. Anthony P. Spinazze, Case No. 2019-1075Lucas CountyThe Board of Professional Conduct proposes a six-month suspension for a former Sylvania assistant prosecutor…
It's Just Business
Scrutinizing With Particularity
N.C. Business Court Digs into Pleading Requirements in Tossing Three Misrepresentation-Based Claims A “failed deal” or contract often gives rise to claims for breach of contract, fraud, and/or negligent misrepresentation.…
Ohio Appellate Insights
What’s On Their Minds: Are “May” and “Could” Good Enough to Warn Policyholder that Misstatement Will Void Policy? Nationwide Mutual Fire Insurance Company v. Pusser et al.
Update: On May 6, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. On September 11, 2019, the Supreme Court of…
Ohio Appellate Insights
Oral Argument Preview: Are “May” and “Could” Good Enough to Warn Policyholder that Misstatement Will Void Policy? Nationwide Mutual Fire Insurance Company v. Pusser et al.
Update: On May 6, 2020, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here. Read the analysis of the oral argument here. …