Effective Representation in Business Fraud Cases
A contract is often the foundation of a business relationship. That said, there are many occasions in which there is a business relationship without having a written contract. A business dispute in the absence of a contract, or with only an oral contract, will frequently center around one of two key points: false representation or fraudulent nondisclosure.
Magleby Cataxinos & Greenwood, is a litigation firm with expertise in complex civil litigation, intellectual property, and real estate and construction disputes. The law firm represents either the plaintiff or the defendant in many issues, including business fraud.
Federal Rules of Civil Procedure Rule 9(b) states: “In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.”
To succeed with federal rule 9(b) litigation, the “particularity” of the circumstances needs to be described in great detail. What happened? Who did what and when? What was said and was there a witness?
A business fraud claim must be brought very carefully and the allegations must be very clear so that it will survive a motion to dismiss by the defense. The firm has represented the plaintiff successfully on many occasions of business fraud due to false representation. Essentially, false representation is a lie, and the law firm seeks to hold those who lie accountable for those false statements or representations.
To win a false representation case, the law firm takes the following approach:
- Be 100 percent prepared.
- Submit flawless documentation and supporting evidence, including depositions.
- Thoroughly prepare the witnesses.
Utah Fraudulent Non-Disclosure Attorneys
Under Utah law, there is a duty to disclose information, especially if there is a business dispute or oral contract. Fraud by failure to speak, or nondisclosure, can be a difficult case to put before a jury. Opposing counsel may argue that there is no responsibility to look out for the interests of the other side. However, under Utah law, you have a duty to speak, especially if the other side has a mistaken understanding and is relying on your silence.
The attorneys present cases clearly to a judge or jury so that it is understood why fraud occurred, what should have been done to avoid the fraud, and why actions are needed to remedy damages. These are fact-intensive disputes that could be thrown out on a motion for summary judgment or for dismissal if the case is not properly prepared. The firm works very hard with potential witnesses to make certain that they are clear in their depositions and the evidence is thoroughly developed.
The firm will represent either the plaintiff or the defendant in cases involving:
- Business dissolution disputes, either side or both alleging fraud
- Oral breach of contract disputes
- Withholding a “smoking gun” document
- Real estate buy/sell disputes
- Defense or plaintiff charging fraudulent inducement to contract
- Promised deliverables: deadlines, quantities, terms not met
Contact a Lawyer: Powerful Advocacy for Breach of Contract Litigation
The firm represents clients in civil and commercial litigation in state and federal trial and appellate courts. To discuss a legal issue related to intellectual property, business tort, fraud or any complex civil litigation matter, please either call 801-359-9000 locally or 866-928-7962 toll free, or contact an attorney via e-mail.