Legal Opinion

Greenpond South, LLC v. General Electric Capital Corp.

Court of Appeals of Minnesota

Decided October 24, 2016No. A16-0350PublishedCited by 13 opinions

1Opinion of the Court

OPINION

HOOTEN, Judge.

Appellant challenges the dismissal of its claims against an earlier lender for damage from a Ponzi scheme,1 claiming that the earlier lender is liable for civil conspiracy to commit fraud and aiding and abetting fraud. Appellant argues that the district court erred by concluding that it lacked authority to bring its claims and, alternatively, by dismissing its claims on the pleadings. Because appellant has failed to allege an injury separate and distinct from the injury suffered by the business entities that were utilized in the Ponzi scheme, and the fraud-related claims…

2Cases cited22 opinions

  1. Caplin v. Marine Midland Grace Trust Co. of New YorkSupreme Court of the United States · 1972
  2. Mullins v. TestAmerica, Inc.Court of Appeals for the Fifth Circuit · 2009
  3. Young v. Higbee Co.Supreme Court of the United States · 1945
  4. In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
  5. Northern States Power Co. v. FranklinSupreme Court of Minnesota · 1963

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3Cited by13 opinions

  1. Douglas A. Kelley v. Gus BoosalisCourt of Appeals for the Eighth Circuit · 2020
  2. Kelly v. BMO Harris Bank N.A. (In re Peters Co.)United States Bankruptcy Court, D. Minnesota · 2017
  3. Aldridge v. Metro. Life Ins. Co.North Carolina Business Court · 2019
  4. Kelley v. Bmo Harris Bank N.A. (In re Petters Co.)United States Bankruptcy Court, D. Minnesota · 2019
  5. Mukamal v. General Electric Capital Corp. (In re Palm Beach Finance Partners, L.P.)United States Bankruptcy Court, S.D. Florida. · 2017

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