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Month: October 2021

Breach of Contract vs. Fraudulent Inducement

There can be a subtle difference between a broken promise that constitutes a breach of contract and one that constitutes fraudulent inducement. The former requires nothing more than a showing that the promised performance was not delivered. The latter, on the other...

Live Deposition Testimony

Last week, I had an oral argument in court regarding whether my client may insist on taking depositions by live testimony. The opposition had insisted on Zoom depositions, citing COVID-19 concerns. The argument was held in Bucks County which has been conducting live...

Summary Judgment Conundrum

At the conclusion of discovery of every lawsuit, two questions arise: 1. Should the case be settled? 2. Should we file a motion for summary judgment? The questions are interrelated. The possibility that one side may have a chance to win the case on summary judgment...