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" ... Because the payment was applied to existing loans, and the lenders did not make any misrepresentations to induce the accidental repayment, Furman said the wire transfers were “final and complete transactions” and not subject to revocation. ... "
" ... The contemplated litigation targets former CEO Greg MacDonald and former CFO Dennis Smythe, as well as former owners and directors Richard E. and Richard F. Schaden, in connection with alleged misrepresentations they made in connection with the company’s 2012 restructuring. The former managers served over various periods of time, from 1991-2012. ... "
" ... The original complaint from the Riches, filed nearly a year after Fox News published Zimmerman’s story, alleged that the two defendants had “intentionally exploited [their] tragedy—including through lies, misrepresentations and half-truths—with disregard for the obvious harm that their actions would cause.” ... "
" ... There is an "identity of issue" insofar as both the prior proceeding before Judge Kaplan and the instant disciplinary matter center on respondent's judicial coercion, corruption of a court expert and ghostwriting of his report, misrepresentations concerning the expert's independence, obstruction of justice, witness tampering, improperly threatening criminal prosecution, and judicial bribery (see Ross v Medical Liab. Mut. Ins. Co., 75 NY2d 825 [1990]). ... "
" ... “In contrast, class actions aggregate the claims of many advertisers, and therefore firms are willing to handle such cases on a contingency fee basis (i.e., fees are paid only out of a recovery if the case succeeds). Thus, in a class action, even a small advertiser with only modest damages can hold accountable a huge corporation alleged to have engaged in or facilitated ad fraud. The key is a scheme centrally orchestrated by the defendant featuring common misrepresentations and/or non-disclosures to a large number of advertisers.” ... "