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When Does Fraud Not Mean Fraud? Second Circuit Further Educates Us About Equitable Remedies
Michelle L. Roberts via LinkedIn
June 10, 2020 "This week, the Second Circuit ... went back only 60 years to cite cases explaining that, in a court of equity, 'fraud' does not mean what you were taught in law school. Fraud has a broader meaning in equity than at law. The intention to defraud or to misrepresent are not a necessary. Rather, 'fraud' in a court of equity properly includes all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust, or confidence, 'justly reposed, and are injurious to another.' You get this education for free. For Verizon, it might cost them $571,200 plus attorneys' fees and costs. Why?' [Sullivan-Mestecky v. Verizon Communications Inc., No. 18-1591 (2nd Cir. June 1, 2020)] MORE >> |
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