Robust Litigation Support

Fraud litigation is a civil lawsuit filed by one party against another for the second's fraudulent conduct. The attorneys at Gruber, Schwartz & Posnock, LLP in Newark, New Jersey, are particularly strong in offering litigation support for these types of cases.

Definition

By law, fraud is usually defined as an intentional misrepresentation of material fact made by one party with knowledge of its falsity to another party who is unaware of this knowledge. Lawyers must also prove the intention of inducing the other party to act or essentially give up something of value or a legal right. The other party's reliance on this purposeful misrepresentation must work to their detriment in terms of injury or damages in order for our fraud attorneys to help you.

Qualification for Fraud

To qualify as fraud, one party's omission or misrepresentation has to relate to an existing material fact, not a promise to perform some act in the future, unless the party that made the promise had no present intent to perform its promised act. It also could be the party had a positive intent not to perform it.

Money and a Gavel

Things To Note

Keep in mind that a party can commit fraud through omission or through the objective failure to state a material fact. This happens when that omission or non-disclosure makes one party's additional statements or representations misleading.

Exceptions

Promises to perform an act in the future does not usually qualify as a fraud; neither does the opinion of one party. An exception to this is when the party offering the opinion is in a position to have superior or exclusive knowledge of existing facts. The false statement or omission must concern a material fact. A material fact is one that was important to a party's decision to enter into the alleged fraudulent agreement.

Arguments

Sometimes plaintiffs have to prove that they justifiably relied on a misrepresentation or omission and that they would not have discovered the truth with a reasonable inquiry. In order for our attorneys to establish that the plaintiffs' damages or injuries were because of fraud, we must show that the damages or injuries would not have occurred without the fraud.