Fraud & Misrepresentation
Untrue factual statements that are relied upon by others and cause economic losses may lead to litigation our firm has had experience with on behalf of clients since our inception in 1991. The common law has established a multi-part test of elements that must be proven before a claim may proceed, especially when the statements were made intentionally. A separate test must be met when claimants allege the misrepresentation was made negligently or by accident in a commercial context. In addition, legislatures pass statutory laws relating to untrue statements that may allow for citizen suits if certain prerequisites are proven; the statutes may be referred to as “consumer fraud” acts or similar legislation. Members of our firm are skilled in addressing these claim factors for clients in the trial and appeals courts, and we also have experience arguing for or against the “out of pocket loss” and “benefit of the bargain” measures of damages that may apply in fraud and misrepresentation cases.