On January 27, 2020, Ed O’Toole published “Fraud Claims in NY Breach of Contract Cases Are a Mess” in Law360. The following is an excerpt:
For several years, New York’s state and federal courts have been wrestling with how to weigh allegations of fraud that are pleaded together with more garden variety breach of contract claims. In order to avoid overlapping legal theories that emanate from the same general set of facts, courts have refused to allow fraud or fraudulent inducement claims to proceed when there is a breach of contract case at the heart of the dispute.
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