Second, it is difficult to justify the insistence of lower courts applying Halliburton II that while some disclosures, in addition to the actual disclosure containing the alleged misrepresentation
, can be examined in determining whether there is price impact for class certification purposes, other additional disclosures cannot be so considered.
The Supreme Court of Alabama held the Appraiser was not entitled to summary judgment on the negligent misrepresentation
claim based on the statute of limitations.
They may also believe that they can rely on the discovery of any misrepresentations
made to subsequently justify dismissal.
According to the report, New Jersey was the only state in the study that made it on all three top 10 lists for mortgage fraud and misrepresentation
reported to MIDEX, potential collusion and property defaults.
Although rates of publication record misrepresentation
appear to vary widely between different types of residency programs, it is accepted that publication misrepresentations
are indeed present among residency and fellowship applicants.
that courts most often offer in innocent misrepresentation
This article explains in detail the findings of the LexisNexis Mortgage Asset Research Institute's Twelfth Periodic Mortgage Fraud Case Report, what those findings mean for the mortgage industry and what can be done in the future to discourage mortgage fraud and misrepresentation
In that case the plaintiffs brought a complaint based, in part, upon medical malpractice, intentional infliction of emotional distress, and intentional misrepresentation
after a hospital and its employees negligently rendered medical care resulting in the death of a patient.
The question then was: Is misrepresentation
Generally, the law regarding property defects can be summed up in what can be described as a modified Rule of Caveat Emptor, which can be stated as follows: Absent fraud, mistake, or misrepresentation
, a purchaser takes an existing property as he or she finds it, unless the purchaser protects himself or herself by contractual terms.
If the buyer is unable to locate the seller, the buyer may turn to the real estate agent and claim the agent breached his/her duty to conduct a reasonably competent and visual inspection, was negligent and made misrepresentations
can result in the seller being ordered to pay damages or to compensate the buyers for any consequential losses resulting from incorrect information given by the seller or anyone acting on their behalf.