Newcomer dismissed the government's count alleging active and constructive fraud
This lawsuit asserts causes of action for breach of contract, breach of fiduciary duty, constructive fraud
and professional negligence arising from LH Friend's services provided to the Company related to the acquisition of Periscope Sportswear, Inc.
The federal court also found that Sassoon could go forward with a claim of constructive fraud
against the Cincinnati-based company with more than $43 billion in global sales in the fiscal year ending June 30, 2003.
19, 2010 /PRNewswire/ -- In a victory handed down by the Los Angeles Superior Court, Christopher Adams, along with affiliates associated with Adams, was awarded a judgment exceeding $64 million US against two individuals, David Topolewski and Hong Mu, as well as corporations affiliated with the two, Wen He Educational Technology Ltd, BEXT, and EXPL, on an array of charges including fraud, breach of fiduciary duty and constructive fraud
The failure to disclose is itself the basis for claims of constructive fraud
Because an individual's state of mind is difficult to prove, most states have doctrines of constructive fraud
, which allow proof, even in criminal cases, with no showing of actual intent at all.
the "Company"), for violations of federal and California securities laws, breach of fiduciary duties, fraud, constructive fraud
, and breach of contract.
The actions also allege various claims for insider trading, violations of federal and state securities laws, breaches of fiduciary duty, aiding and abetting, unjust enrichment, constructive fraud
, corporate waste, breach of contract, abuse of control, gross mismanagement, accounting, rescission, constructive trust, and violation of California Corporations Code sections 25402 and 25403.
The suit -- charging breach of fiduciary duty, actual and constructive fraud
, and breach of implied covenant -- was filed today in U.
The Claimant filed her case against Banc of America for rescission, misrepresentations and omissions, breach of fiduciary duty, breach of contract, fraud, constructive fraud
, negligence and gross negligence, violation of NASD and NYSE rules, violation of state securities laws, violation of The Securities Act of 1933 and violation of The Securities Exchange Act of 1934.
The civil complaint alleges that the defendants breached fiduciary duties they owed to the company, and also alleges constructive fraud
This action seeks to remedy breaches of fiduciary duty, waste of corporate assets, unjust enrichment and constructive fraud
in connection with the misuse and abuse by these insiders at Northrop of their control and fiduciary positions and its proxy process to bestow upon themselves and their allies unprecedented gifts of corporate assets in connection with the abortive merger of Northrop and Lockheed Martin ("Lockheed").