Complex Business Litigation Attorneys
In business litigation, fraud arises in a variety of contexts, including contract disputes, the purchase and sale of goods, and securities transactions. A person has committed fraud when that person makes a misrepresentation of fact, with knowledge that the representation is false, and with intent that the misstatement be relied upon. The fraud claim is complete when a plaintiff demonstrates that it justifiably relied upon the misrepresentation, and as a direct result, has suffered damages. Fraud claims may take several forms, including legal, equitable, negligent, and constructive fraud. Remarkably, equitable fraud is an exception to the general rule that the person committing the fraud possess knowledge that its representation is false. Equitable fraud allows for remedies such as rescission of a contract induced by this kind of fraud. When a person has a duty to disclose material facts, but conceals them, this is known as fraudulent concealment. Typically, in order to maintain a fraudulent concealment claim, the plaintiff must demonstrate a contractual, confidential, or fiduciary relation that gives rise to the potential defendant’s duty to speak. Negligent misrepresentation claims also require some kind of relationship between the plaintiff and defendant giving rise to the defendant’s duty to disclose. Damages incurred as a result of fraud may be equitable or legal. Legal damages include compensatory and punitive damages.
April 1, 2026
By Paul Napoli, partner at Napoli Shkolnik and nationally recognized environmental attorney Across Massachusetts, communities like Pepperell, Groveland, and others have filed federal lawsuits alleging that decades of...
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March 25, 2026
In February 2026, the Environmental Protection Agency (EPA) formally rescinded the 2009 Greenhouse Gas Endangerment Finding, which had served as the scientific and legal foundation for nearly two...
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March 19, 2026
Millions of Metal Wire Grill Brushes Recalled After Reports of Swallowed Metal Bristles Resulting in Serious Injuries Outdoor grilling is a staple in many American households, but a recent nationwide...
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