United States Second Circuit

Judgment in favor of defendants on plaintiffs' claims of fraudulent misrepresentation with regard to statements made to plaintiffs that affected the purchase price they offered to acquire a company, is vacated and remanded, where: 1) the district court failed to properly instruct the jury on the presumption of reliance under English law; and 2) because the jury instructions incorrectly shifted the burden of proof from defendants to plaintiffs on the reliance element, they were prejudicial and require reversal.

Appellate Information

• Decided 05/31/2013
• Published 05/31/2013

Judges

• WALKER

Court

• United States Second Circuit

Counsel