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Author Archives: Mark J. Moretti

Top 10: Things to know when starting law school

1. You are about to enter a new world that will give you the “code” for how much of society operates and that hopefully gives you the key to make a difference in solving your clients’, if not some of your community’s and society’s problems.

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Top 10: Tips on making adverse possession claims

1. For a party to successfully claim title by adverse possession, that party must prove, by a standard of clear and convincing evidence that the possession is (a) actual; (b) hostile and under a claim of right; (c) open and notorious; (d) exclusive; and (e) continuous for the prescriptive period of 10 years ...

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Top 10: Tips on private improvement mechanics liens

The mechanics lien is a statutorily created quasi security interest given to protect contractors, subcontractors and suppliers who, by their efforts, create an increased value to a piece of real property. Attempted waivers of lien rights ...

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Top 10: Tortious interference with contract, prospective contracts

1. The elements of tortious interference with contract are: (1) a valid contract between the plaintiff and a third party; (2) defendant’s knowledge of that contract; (3) the defendant’s intentional inducement of the third party to breach or otherwise render performance impossible ...

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Top 10: What Texas Hold’em can teach about litigation

1. Perception can be reality. You win hands and cases not only by the facts but what people perceive as the facts. 2. Don’t count your money before you leave the table or the time to appeal expires.

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Top 10: Citations relating to breach of fiduciary duty

1. The elements of a breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) breach of that duty; and (3) a showing that the breach was a substantial factor in causing an identifiable loss, People ex. rel Spitzer v. Grasso, 50 A.D.3d 535 (First Dept 2008).

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Top 10: Citations in misrepresentation claims

1. The elements for a negligent misrepresentation claim are that the defendant had a duty as a result of a special relationship to give correct information; the defendant made a false representation that he or she should have known was incorrect ...

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Top 10: How to make sound objections

Always stand when making an objection. Doing so focuses attention on you instead of on the offensive testimony. It also is the proper way to conduct yourself and shows respect for the court.

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Top 10: Points for proving fraud claims

1. To prove fraud, an attorney must show (a) a misrepresentation nor a material omission of fact that was false and known to be false by the defendant; (b) made for the purpose of inducing the other party ...

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Top 10: Put the finishing touch on settlements

1. The devil is in the details. Conceptual settlements are great, but how they are documented and the details ironed out can make the difference between a good settlement and a bad one.

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