Ever Feel Like This?

Posted on May 12, 2012 by Attorney Scott Lanin

Posted in Martial Arts & Litigation | Leave a comment

Everything Is Negotiable

Posted on May 3, 2012 by Attorney Scott Lanin

I find it amusing when I am asked if we should not include a claim in a lawsuit because the other party will get angry and refuse to negotiate.  That’s kind of the point – the angry part that is.  As long as a claim is valid, it should be asserted.   Continue reading →

Posted in Martial Arts & Litigation, Settlement | Leave a comment

Preponderance Of The Evidence

Posted on March 25, 2012 by Attorney Scott Lanin

I have become so accustomed to the legal language that I find it amusing when my sister (a law school professor) and I have a discussion and rattle off terms quickly.  My wife sometimes finds our terminology confusing.  [Legal disclaimer:  she is a very intelligent professional but not a lawyer.]  It’s easy to forget that some words are not used on a regular basis outside of the law.  One of them is “preponderance.”  It is used to describe the proof given to a trial court.  In civil cases it means you have convinced the court that you are at least 51% right.  Here is a good explanation.

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Equitable Estoppel In New York – Detrimental Reliance

Posted on March 25, 2012 by Attorney Scott Lanin

Did you rely on someone’s words in a transaction and get misled?  You should consider whether the doctrine of equitable estoppel may help you in court.  Here is the often-cited standard. Continue reading →

Posted in Contract Disputes, Fraud & Misrepresentation | Leave a comment

The Implied Covenant Of Good Faith And Fair Dealing

Posted on March 25, 2012 by Attorney Scott Lanin

Here is an often cited concept raised in contract litigation – the implied covenant of good faith and fair dealing: Continue reading →

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Unjust Enrichment – It’s Just Like It Sounds

Posted on March 25, 2012 by Attorney Scott Lanin

Did someone make money off of you unfairly?  You may have a cause of action (claim) for unjust enrichment.   Continue reading →

Posted in Contract Disputes, Fraud & Misrepresentation | Leave a comment

The Frustration Of Performance Defense To Breach Of Contract Claims

Posted on March 25, 2012 by Attorney Scott Lanin

If you have a contract and the other party has done something to prevent you from complying with your part of the bargain and then has the audacity to sue you for breach of contract, you will want to read this excerpt from a trial brief I submitted recently: Continue reading →

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When The Written Agreement Is Disputed, Part Performance Can Satisfy The Statute Of Frauds

Posted on March 25, 2012 by Attorney Scott Lanin

Here is an excerpt from a trial memorandum we submitted on the issue of whether the Statute of Frauds had been satisfied by partial performance of the parties.  This excerpt sets out the legal standards as developed by caselaw in New York.   Continue reading →

Posted in Contract Disputes, Real Estate Litigation | Leave a comment

Rescission Of Transactions Consummated By Fraud

Posted on March 25, 2012 by Attorney Scott Lanin

Here is a short summary of the law in New York regarding rescission of transactions consummated by fraud -  Continue reading →

Posted in Fraud & Misrepresentation | Leave a comment

Be Careful To Avoid Ambiguity When Drafting Agreements

Posted on March 25, 2012 by Attorney Scott Lanin

When drafting an agreement, it goes without saying that you want to be as clear as possible.  Despite this adage, I find myself reviewing agreements prepared by non-attorneys and also by attorneys that make little sense.  Often, this goes unnoticed by all until there is a dispute and a litigator like me tries to figure out what occurred.  When I wear my business attorney hat, I use this knowledge and experience to try to avoid potential problems.  In some cases, I try to include a clause that states that both sides had a full and fair opportunity to have independent counsel review the agreement, that both sides participated in the drafting and negotiation of terms, and that any ambiguities should not be construed against either side as the drafter.  Continue reading →

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