Topic
Misrepresentation
289 published works
Legal Profession Blog
A Family Matter
The Minnesota Supreme Court ordered the disbarment of an attorney who had engaged in a pattern of misrepresentations, misappropriation, conflicts of interest and the creation of false documents. The court…
Legal Profession Blog
Upward Adjustment In Sanction
The Illinois Review Board concluded, contrary to the finding of a hearing board, that a lawyer had made a material misrepresentation to a tribunal in addition to instances of neglect,…
Drug & Device Law
Closing The Arguments On Conte
By Bexis
As we reported yesterday, the California Supreme Court denied the petitions for review in Wyeth v. Conte. We’ve posted extensively on why we think Conte is a particularly dangerous expansion…
Legal Profession Blog
Eight Years Of Misrepresentations
A Massachusetts attorney was indefinitely suspended for mishandling a claim of medical malpractice on behalf of a client. After the case had been dismissed, the lawyer embarked on a eight…
Legal Profession Blog
Suspension Imposed Rather Than Reprimand
A justice of the Massachusetts Supreme Judicial Court imposed a 30 day suspension with a requirement that the attorney take and pass a professional responsibility examination within 18 months in…
InsureReinsure
Kentucky State Court: Whether Insured Made a Material Misrepresentation By Signing Policy Application Was a Question of Fact
The Kentucky Court of Appeals recently reversed a trial court decision granting summary judgment to an insurer, finding that the question whether the insured misrepresented his criminal history by signing…
InsureReinsure
UK: Law Commission Publishes Summary of Responses Regarding Reform of Business Insurance Law
In July 2007 the Law Commission published a Consultation Paper that made provisional proposals and asked questions in relation to both business and consumer insurance on the specific issues of…
Securities Law Prof Blog
Trevino on ERISA Litigation
Erisa Misrepresentation and Nondisclosure Claims: Securities Litigation Under the Guise of Erisa?, by Clovis Trevino, Geogetown University Law Center, was recently posted on SSRN. Here is the abstract:As a result…
Legal Profession Blog
Discipline Too Harsh?
The Oklahoma Supreme Court rejected a proposed two year suspension of an attorney who had neglected a client matter and misrepresented facts to the client and the bar association. The…
Delaware Corporate & Commercial Litigation Blog
Chancery Court Dismisses Case Due to Misrepresentations to Court; Finds Derivative Plaintiff Unqualified, and Awards Fees
In PARFI HOLDING AB v. MIRROR IMAGE INTERNET, INC., 2008 WL 4110698 (Del. Ch., Sept. 4, 2008), the Delaware Chancery Court provides a magnum opus on the "importance of being earnest". Many…