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This Lawsuit Goes to 11: Fraud and the Economic Loss Rule
The “This is Spinal Tap” Lawsuit If you’ve never seen This is Spinal Tap, close your browser immediately and watch. The 1984 “mockumentary” about a fictitious British rock band touring America belongs on the Mount Rushmore of movie comedies. It birthed a new style of storytelling, and it is impossible to imagine The Office, Parks and […]
Understanding the Language of the American Federal Legal System
Editor’s Note: This is an updated version of a similar article published in November of 2015. To view the original, click here. Americans take great pride in saying that ours is a nation of laws, not people. But resting on this laurel is dangerous. Laws are written, enacted, interpreted, changed, and enforced (or not) by […]
Don’t Go It Alone: The Best Advisor You Can Hire Is Worth Every Penny
The Best Advisor You Can Hire Would Hire Herself, Too The best advisor you can hire will be a clever and a creative problem solver who interacts with you with total integrity, honesty, and ethical conduct. The worst? Someone’s goal of growing richer and richer at your expense- and that’s one of the better scenarios. […]
PLUP Fiction: Not All Fraud is Sales Fraud
So far in this column, we have talked primarily about fraud committed at arms’ length by salespersons or investment advisors. These sorts of sales fraud are but two of the many flavors in the Cold Stone display of frozen, delicious deception. Today, we are going to look at a case of alleged fraud and bad […]
The New Reality of Federal Litigation
Federal courts in Chicago have adopted new rules that will profoundly change how civil lawsuits progress.
Common Bankruptcy Litigation Scenarios — Venue Fights
In bankruptcy litigation, the venue can have a major influence on an outcome. Expert members of the Financial Poise Faculty—each a partner or managing director in the restructuring industry—discuss why venue fights occur and how practitioners should approach selecting venue or challenging venue in a bankruptcy case.
UPON FURTHER REVIEW: Real Story of an NFL Lawsuit
It was 4:00 AM when the police convoy rolled up on Country Crossing, a new electronic bingo house in Alabama. No fewer than 135 state police cars cascaded into the rural compound. In the aftermath, a group of NFL players—including big names like Ray Lewis and Fred Taylor—lost tens of millions of dollars.
Can You Agree to Be Defrauded?
Can you agree to be defrauded? This may sound like an odd question. But, in this space showed before, the law of business fraud can lead us into some odd places. It is no spoiler to say that the answer is “yes.” You can actually agree to be defrauded. Many courts, including Illinois (where I practice), […]
Affinity Fraud: When Scammers Prey on Victims’ Identities
Affinity fraud presents a different dynamic from consumer fraud or business fraud. Affinity fraudsters prey on their victims’ religious, cultural and ethnic identities. Their breach of trust is more severe, more personal.
Reasonable Reliance: From a Punchline to a Legal Defense
The reasonable reliance defense involves the defendant arguing that everything he said to the plaintiff was worthless, and that the plaintiff was out of his mind if he took any of the defendants’ representations seriously.
