Tag Archives: misrepresentation

D&O Insurance: Warranty Exclusion Precludes Coverage Due to Application Misrepresentation

A federal district court has held that because of an insured company’s application misrepresentation about possible M&A activity, a D&O insurance policy’s Warranty Exclusion precludes coverage for the policyholder’s costs incurred in defending claims arising out of the insured company’s … Continue reading

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Guest Post: Court Dismisses Statutory Misrepresentation Claim against Credit Union Board in Landmark Decision

In the following guest post, Deepshikha Dutt, Douglas B.B. Stewart,of and Frank E.P. Bowman of the Dentons law firm review and analyze a recent decision of the Ontario Superior Court of Justice relating to the liabilities of directors and officers under Ontario … Continue reading

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"more predictive, consistent, stable" is puffery, but misrepresentation of what credit score you'd get isn't

Fair Isaac Corp. v. Trans Union, LLC, 2019 WL 1436018, No. 17-cv-8318 (N.D. Ill. Mar. 30, 2019)FICO sued TransUnion for breach of contract, breach of good faith and fair dealing, copyright infringement, conversion, and false advertising. Since 1989, TransUnion, one … Continue reading

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misrepresentation of FDA clearance as FDA approval needs non-anecdotal evidence of consumer deception to be actionable

Repro-Med Sys., Inc. v. EMED Technol. Corp., 2019 WL 1427978, No. 13-cv-01957-TLN-CKD (E.D. Cal. Mar. 29, 2019)The parties have been fighting over their competing medical devices for a while. Here, RMS alleged among other things that EMED was intentionally misrepresenting … Continue reading

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Mitchell Rock: Investors Allege Unsuitability, Misrepresentation by Wells Fargo Rep

Public records published by the Financial Industry Regulatory Authority (FINRA) and accessed on August 21, 2018 indicate that New York-based Wells Fargo Clearing Services broker/adviser Mitchell Rock has been involved in customer disputes. Fitapelli Kurta is interested in hearing from … Continue reading

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