Blog Archives

Claimants are required to plead any action sounding in fraud, including allegations of misrepresentation, fraud, mistake, breach of trust, willful default, or undue influence, with particularity

Posted in *All Posts, Fraud, Missrepresentation

A person violates the insurance fraud statute, even if he does not succeed in duping an insurance carrier into paying a fraudulent claim

Posted in *All Posts, *Published case, Criminal, Fraud, Insurance

The triggering date for calculating the statute of limitations under the Uniform Fraudulent Transfer Act

Posted in *All Posts, *Published case, Fraudulent Transfer Act, Statute of Limitations

The fact that a party did not choose to read documents before signing cannot, in the absence of actual fraud, relieve him from his obligations

Posted in *All Posts, Contracts, Fraud

All allegations of fraud, particulars of the wrong, with dates and items if necessary, shall be stated insofar as practicable; malice, intent, knowledge, and other condition of mind of a person may be alleged generally

Posted in *All Posts, Fraud, Real-estate

Cause of action for fraud

Posted in *All Posts, Fraud

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation

Posted in *All Posts, Contracts, Fraud

Perjured testimony that warrants disturbance of a final judgment must be shown by clear, convincing, and satisfactory evidence to have been, not false merely, but to have been willfully and purposely falsely given, and to have been material to the issue tried and not merely cumulative but probably to have controlled the result; further, a party seeking to be relieved from the judgment must show that the fact of the falsity of the testimony could not have been discovered by reasonable diligence in time to offset it at the trial or that for other good reason the failure to use diligence is in all the circumstances not a bar to relief

Posted in *All Posts, Fraud, Relief from judgment

An individual who commits an affirmative act or a knowing omission that the Consumer Fraud Act has made actionable can be liable individually

Posted in *All Posts, Consumer Fraud Act

The Consumer Fraud Act

Posted in *All Posts, Consumer Fraud Act

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