Lisa is said to be suing Barry for breach of trust, negligence and constructive fraud
, but the manager has already hit back with a lawsuit of his own, claiming the star has "uncontrollable spending habits".
in Hanover Count: Fraud, constructive fraud
, violations of the Maryland Consumer Protection Act, negligence and civil conspiracy
8 million -- with a final amount determined by the court -- as well as attorney fees and punitive damages for breach of fiduciary duty, constructive fraud
, breach of contract and negligence.
Allegations against them include breach of written contract, breach of fiduciary duty, negligence and constructive fraud
Former Morgan Stanley advisors were charged by FINRA with "elder exploitation, breach of fiduciary duty, constructive fraud
, negligence and negligent supervision.
In the Second Amended Complaint, Plaintiffs assert claims for intentional misrepresentation, fraudulent concealment, negligent misrepresentation, and constructive fraud
The plaintiff's bar may view it as a valuable tool for the formulation and implementation of those remedies left available to minority shareholders in Texas courts, including simplified procedures for the prosecution of derivative actions and claims for accounting, breach of fiduciary duty, breach of contract, fraud and constructive fraud
, conversion, fraudulent transfer, conspiracy, unjust enrichment and the like.
The lawsuit also accused her of fraud, constructive fraud
, breach of fiduciary duty and unjust enrichment.
To meet the definition of a constructive fraudulent transfer, the lien granted by the target to the lending bank must satisfy both prongs of constructive fraud
Plaintiffs also would not need to prove intent to deceive: when a fiduciary relationship exists, as here, material misrepresentations and omissions constitute constructive fraud
FUFTA--Pursuant to FUFTA, a creditor is provided with two distinct theories of recovery against a third party: actual fraud and constructive fraud
38) The constructive fraud
provision of the Code states that the trustee may avoid transfers made by the debtor in the two years prepetition when the debtor "received less than a reasonably equivalent value in exchange" for the cash or property transferred and "was insolvent on the date that such transfer was made.