Benchmarks: California Supremes update parol evidence rule 
By:
Pat Murphy
Published: January 15, 2013
Tags: consumer protection, contracts, fraud, misrepresentation, parol evidence
The California Supreme Court yesterday made the first significant revision to the state’s parol evidence rule since Franklin D. Roosevelt was in the White House.
In the process, the court helped the case of two property owners who claimed they were defrauded by their lender when they restructured their debt to avoid foreclosure.
Justices hint that SEC claim is time-barred 
By:
Kimberly Atkins
Published: January 9, 2013
Tags: discovery rule, fraud, Securities and Exchange Commission, statute of limitations, U.S. Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court seemed disinclined to allow the Securities and Exchange Commission to file an action for civil penalties nearly a decade after the alleged conduct took place.
O’Quinn firm faces suit over expenses 
Published: January 7, 2013
Tags: breach of contract, breach of fiduciary duty, deceptive trade practices, ethics, fraud, legal ethics, mass tort, negligence, referral fees, settlements, silicosis litigation
According to a lawsuit filed by former clients, the Texas-based O’Quinn law firm mishandled their silicosis litigation settlement funds.
Calif. suit filed over alleged attorney-assisted loan scam 
Published: January 7, 2013
Tags: consumer law, foreclosure, fraud, Lawyers’ Committee for Civil Rights Under Law, loan modification, loan scam, loans, mortgage modification
A loan modification company, aided by an attorney, has defrauded homeowners in 10 states of thousands of dollars, according to a new lawsuit filed in California state court.
Six NYC lawyers charged in immigration fraud scheme 
Published: January 4, 2013
Tags: asylum, FBI, fraud, immigration
Six New York City lawyers are among 26 individuals who have been indicted for participating in an immigration fraud scheme in which hundreds of Chinese citizens allegedly filed applications for asylum containing fabricated claims of religious and political persecution.
Benchmarks: Buyer stuck with ‘murder home’ 
By:
Pat Murphy
Published: December 31, 2012
Tags: fraud, misrepresentation, property disclosure, real estate, real property
In a reversal of course, a Pennsylvania court ruled last week that home sellers had no duty to disclose that their property was the scene of a grisly murder/suicide.
Bankruptcy judge lacked power to remedy fraud 
Published: December 6, 2012
Tags: Chapter 7, fraud, fraudulent conveyance
A bankruptcy judge lacked the constitutional authority to enter a final judgment in a fraudulent conveyance action against a nonclaimant to a bankruptcy estate, the 9th Circuit has ruled.
Benchmarks: Home sellers sued for ‘lying’ about sex offender next door 
Published: December 6, 2012
Tags: fraud, property disclosure, real property
Arizona law relieved Jeff and Marissa Currier of an affirmative obligation to disclose to prospective home buyers that they had a convicted sex offender living next door.
But according to a state court of appeals, that didn’t mean that the Curriers couldn’t get themselves into legal trouble by allegedly lying when asked why they wanted to move.
Deprived dad wins $720K 
Published: October 19, 2012
Tags: conspiracy, custody, fraud, fraudulent concealment, intentional infliction of emotional distress, Maryland
A jury has awarded a Maryland father $720,000 in his lawsuit against his former wife and three other people, in which he claimed his ex-wife encouraged their 16-year-old daughter to run away and allowed her to marry rather than honor a court order granting him custody.
Md. top court declines to impose sanctions against lawyer 
By:
Kristi Tousignant
Published: September 26, 2012
Tags: attorney fraud, deceptive business practices, fraud, Legal Malpractice Monitor, Maryland
Maryland’s highest court has refused to impose any sanctions on a Baltimore-based lawyer whose stepmother accused him of deceit and fraud in handling the estate of his deceased father, who was a famed night club operator and real estate developer.
