Judge Rules Wells Fargo Engages in “Reprehensible,” Systemic Accounting Abuses on Mortgages, Hit with $3.1 Million Punitive Damages for One Loan

Wells Fargo has just been hit with a $3.1 million punitive damages award by a New Orleans Bankruptcy Judge.

Preponderance Of The Evidence

I have become so accustomed to the legal language that I find it amusing when my sister (a law school professor) and I have a discussion and rattle off terms quickly.  My wife sometimes finds our terminology confusing.  [Legal disclaimer:  she is a very intelligent professional but not a lawyer.]  It’s easy to forget that some words are not used on a regular basis outside of the law.  One of them is “preponderance.”  It is used to describe the proof given to a trial court.  In civil cases it means you have convinced the court that you are at least 51% right.  Here is a good explanation.

 

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

Equitable Estoppel In New York – Detrimental Reliance

Did you rely on someone’s words in a transaction and get misled?  You should consider whether the doctrine of equitable estoppel may help you in court.  Here is the often-cited standard. Read more

The Implied Covenant Of Good Faith And Fair Dealing

Here is an often cited concept raised in contract litigation – the implied covenant of good faith and fair dealing: Read more

Unjust Enrichment – It’s Just Like It Sounds

Did someone make money off of you unfairly?  You may have a cause of action (claim) for unjust enrichment.   Read more

The Frustration Of Performance Defense To Breach Of Contract Claims

If you have a contract and the other party has done something to prevent you from complying with your part of the bargain and then has the audacity to sue you for breach of contract, you will want to read this excerpt from a trial brief I submitted recently: Read more