A tort is a legal wrong. The most common business torts are fraud and interference with contract or prospective business relationships. We have litigated many aspects of these causes of action.
A general iteration of the legal elements of fraud includes the following: (a) a false statement (b) knowledge by the defendant that the statement is false, (b) justifiable reliance upon the misrepresentation by the victim and (c) damages resulting from the reliance on the misrepresentation. Fraud requires special pleading requirements. Under federal and state procedural rules, fraud must be pled in a complaint with specificity. While general pleading standards are most liberal, fraud must be alleged in detail, otherwise a complaint is subject to being dismissed. Each and every element of the claim, depending on the circumstances of the case, can be challenged. For instance, an expression of future intent, even if proven wrong after the fact, will not qualify as a false statement when originally made. We have litigated fraud claims on both the defense and the prosecution side.
Tortious interference with contract requires the following legal elements: (a) a valid agreement, (b) the defendant’s knowledge of the existence of the valid agreement; (c) the interfering actions of the defendant caused the breach of the agreement; (d) the interference had no justification, and (e) the interference caused damages to the plaintiff. We have litigated this cause of action from the defense and the prosecution sides and we are familiar with many of the technical issues that arise under this type of claims.
If you have been the victim of a business tort or have been alleged to have perpetrated one, our attorneys can help you devise a legal strategy to insure an appropriate resolution. Our offices in Manhattan are within easy access of the federal and state courts in Manhattan, Brooklyn, Bronx, Queens and Staten Island. We also have easy access to the federal and state courts in Central Islip, White Plains, and Northern New Jersey (Bergen and Essex counties).