Scott Lanin

THANK YOUS & REVIEWS FROM OUR COLLEGE & LAW SCHOOL STUDENT INTERNS

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Lanin Law P.C. has a robust internship/externship program.  We have been affiliated with several local schools including Cardozo Law School, Brooklyn Law School, St. John’s University School of Law, and Berkeley College.  The Firm has had many interns work here for a semester, earning academic credit, while receiving training on actual files under the direct supervision of Attorney Scott Lanin.  Many have written comments we want to share.

> Please see our Intern/Extern page

Scott Lanin

Flag on the Play…Interference

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If you are currently feeling the withdrawals from the NFL off-season, don’t fret. Interference is more than just the most frustrating call in football It can also be a claim in court. The standard for Tortious Interference is excerpted below from one of my briefs. Read more

Scott Lanin

The Elements of Fraud and Misrepresentation in Contracts

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What does the plaintiff have to plead to state a claim for fraud or misrepresentation?

The basic elements of a claim for fraud are a representation of fact, the falsity of that representation, knowledge by the party who made it that it was false, justifiable reliance by the Plaintiff and resulting injury. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V., 17 N.Y.3d 269, 276 (2011). Fraud may also be based on a “material omission of fact.” Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173, 178 (2011).

A claim for negligent misrepresentation requires “the existence of a special or privity-like relationship imposing a duty on the defendant to impart correct information to the plaintiff; that the information was incorrect; and reasonable reliance on the information.” Mandarin Trading Ltd. v. Wildenstein, 16 N.Y.3d 173, 180 (2011).

 

If you have any legal questions or need help with fraud and misrepresentation, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.

Scott Lanin

Aiding and Abetting A Breach Of Fiduciary Duty

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In continuing my review of breach of fiduciary duty claims, (If you haven’t read my previous post click here), there may also be a possible claim for aiding and abetting a breach of fiduciary duty against each of the participants.

Below is a brief excerpt explaining how one might aid and abet a breach of duty. Read more

Scott Lanin

Two Judges Who Get It About Banks

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A Missouri judge ordered Wells Fargo to pay over $3 million for abusing a borrower, and a federal judge in New York said there was evidence the bank had forged documents.

Scott Lanin

US Supreme Court Says You Have 3 Years To Rescind By Sending Notice Under TILA

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Jesinoski v. Countrywide Home Loans, Inc.

Holding: A borrower exercising his right to rescind under the Truth in Lending Act need only provide written notice to his lender within the three-year period; the statute does not require him to file suit within that period.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia on January 13, 2015.
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READ MORE:

The Supreme Court just held that TILA rescission is accomplished with notice alone

Opinion analysis: Shortest opinion of the year explains TILA rescission right