Topic
Misrepresentation
289 published works
Corporate and Securities Law
SEC Gives Board Chair a DPA for Failing to Correct Press Releases
Drug & Device Law
California Rejects Class Certification for Claims Alleging Misrepresentations and Deficient Warnings But No Method to Establish Damages
California rejected another attempt by the class action bar to extend the already questionable fraud-on-the-market theory from Basic v. Levinson, 485 U.S. 224 (1988), a securities class action, to what…
Legal Profession Blog
Consent Sanction For Failure To Disclose Client’s Death
A consent disposition of a 30-day suspension has been ordered by the District of Columbia Court of Appeals.The attorney failed to disclose in a mediation that his client had died.Based…
Delaware Corporate & Commercial Litigation Blog
Delaware Allows Claims Based on Extra-Contractual Statements About Merger
Allegations are commonly made that representations outside the four corners of the parties’ agreement about a merger or similar deal were untrue, and the buyer relied to his detriment on them. A recent…
DuetsBlog
Make “Trademark” Great Again: No More Verbing!
-Wes Anderson, Attorney In the media, misstatements and misunderstandings of trademark law are legion. Even the New York Times counts itself among the latest offenders. The Old Grey Lady's recent article about presidential candidate and…
TortsProf Blog
Richmond on Fraud and Misrepresentation Claims Against Lawyers
Doug Richmond has posted to SSRN Fraud and Misrepresentation Claims Against Lawyers. The abstract provides:When lawyers allegedly err in the course of clients’ representations, or, worse, allegedly engage in deliberate…
Legal Profession Blog
“Passive Strategy”
The web page of the Missouri Supreme Court summarizes a recent bar discipline decisionThis disciplinary case alleges that an experienced adoption attorney misrepresented information to a birth father’s attorney and…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 8 – Volume 33 – The Mitchell Case -2
By Barry Zalma
The Mitchell Case -2 Mitchell purchased the building in February 2000 in the name of his trust. On April 11, 2000, Mitchell’s brokers submitted an application for insurance to Debra…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 8 – Volume 32 – The Mitchell Case
By Barry Zalma
The Mitchell Case In Mitchell the California Court of Appeal affirmed and enforced California’s Marine Rule. By affirming the rescission of an insurance policy because of the misrepresentation or concealment…
Zalma's Insurance 101 Videoblog
Insurance 101 – Chapter 5 – Volume 53 – Misrepresentation by Insurer and/or Agent
By Barry Zalma
Misrepresentation by Insurer and/or Agent A recent case involving former General Motors workers stands out as an example of attempts to allege misrepresentation on the part of an insurer. Metropolitan…