Has your business been a victim of fraud? Have you been accused of fraud? Talk to a business litigation lawyer now. If you or your business has been sued already, it is imperative that you contact a business litigation attorney immediately to protect your interests in court. Generally, the elements of a Common Law fraud claim are as follows:
- A material misrepresentation;
- that was false;
- the defendant either knew it was false or made the representation recklessly without any knowledge of the truth;
- the representation was made with the intention that the other party rely upon it;
- the other party did indeed rely upon the representation; and
- the other party suffered damages as a result
Fraud can also arise in the context of a non-disclosure circumstance. That is, there is no express material misrepresentation. Instead, the offending party with a duty to disclose, fails to disclose material information with the intention that the other party rely upon their silence. There still must be reliance and damages as in the express fraud context. In the event a plaintiff is successful in proving a fraud claim, they may be entitled to actual damages, exemplary (punitive) damages and in some cases injunctive relief. We have handled fraud cases on behalf of individuals and companies. In fact, Mr. Fleming recently tried a real estate fraud case for the buyer of a home and at trial, the jury awarded his client damages including emotional distress, punitive damages and attorneys fees.
In addition to being board certified as a specialist in Personal Injury Trial Law and well-known as the former Harris County Attorney, Michael P. Fleming has been recognized as a Texas Super Lawyer for many years. His Houston law firm is AV rated by Martindale - Hubbell (the highest rating) and has been featured in H-Texas Magazine's Top Attorneys in Houston issue which features the best Houston lawyers and law firms. He is also one of the small percentage of attorneys in the entire country to have had the privilege of arguing and winning a case before the Supreme Court of the United States. Mr. Fleming is also licensed as a Solicitor by the Law Society of Ireland and can assist with any personal injury or business matters in Ireland through his affiliated Solicitor firm in Dublin, Ireland.
If you have a serious personal injury, wrongful death or litigation matter in Houston, Austin or anywhere else in Texas, contact an attorney with the qualifications, experience and reputation you can trust. Michael P. Fleming is a personal injury lawyer with the qualifications and experience you deserve.
