7) So what is the distinction between an argument concerning the "materiality" of an alleged misrepresentation
, which clearly cannot be considered at class certification under Amgen, and an argument concerning whether an alleged material misrepresentation
impacted the security's price, which clearly can be considered at class certification under Halliburton III In explaining this distinction, the Halliburton II Court merely said, "materiality is a discrete issue that can be resolved in isolation from the other prerequisites" and thus "can be wholly confined to the merits stage.
In response, Bryant Bank argued an appraisal report could serve as the basis of a negligent misrepresentation
claim under Alabama law because the Appraiser conducted the appraisal for Bryant Bank and owed a duty to Bryant Bank.
The LexisNexis Annual Mortgage Fraud Report examines the current composition of residential mortgage fraud and misrepresentation
in the US committed by industry professionals, based on data submitted to the LexisNexis Mortgage Industry Data Exchange (MIDEX).
Hebert et al (4) studied the degree of misrepresentation
among applicants to an internal medicine residency program and concluded that some previous studies likely overestimated the prevalence of misrepresentation
owing to a limited search strategy.
While it is not necessary for the purposes of the misrepresentation
claim to determine whether the misrepresentation
amounted to a fraudulent misrepresentation
, in my view, they did,' the judge said.
rescission in innocent misrepresentation
cases, Part I shows how
From 2000 to 2009, reports of mortgage fraud and misrepresentation
increased 548 percent.
The court held, inter alia, that the trial court, erred when it granted partial summary judgment on the intentional misrepresentation
claim and when it dismissed the claim for outrage and intentional infliction of emotional distress.
The lower courts found, however, that contractor's statutory liability for misrepresentation
could exist even without any intent to deceive.
As noted above, there must be knowledge by a vendor and misrepresentation
or concealment of the latent defect for a purchaser's claim to be successful.
Particularly in times of unstable property prices, a transaction that doesn't go the way one party expects can result in claims against the real estate agent that include misrepresentation
, negligence, failure to disclose and breach of fiduciary duty.
However, I did watch the show and was angered by the gross misrepresentation
of the church and was greatly concerned about the potential negative impact that misrepresentation
could have on the health and future of all churches and Christians.
is always dangerous, but never more so than when selling expensive property.
The Court began its analysis by noting the resemblance between the 10b-5 cause of action and common-law actions for deceit and misrepresentation
, stressing the requirement that a plaintiff suffer "actual damages.