Bailey Brauer Quarterly Newsletter – June ’15

Firm News Bailey Brauer client JBS USA LLC and Swift Pork Co. won a ruling from the Jefferson Circuit Court in Louisville, Kentucky that allows the company to make a series of major improvements at the JBS Louisville Pork Plant in the Butchertown area of Louisville. Attorney Clayton Bailey was recently selected as a Litigation Star by Benchmark Litigation for its 2016 edition. Attorney Alex Brauer recently presented at the Association of Corporate Counsel’s Small Law Fair in Austin, Texas. Attorney Ben Stewart was selected to be a member of the Dallas Stars Season Ticket Holder Council. What types of damages are available if someone fraudulently induces you to enter into an agreement? If you are damaged by a material misrepresentation that you reasonably relied upon in entering into an agreement, you can recover certain damages. The trick is to know which damages to pursue as not all damages are created equal. Today’s newspapers are filled with stories about people and companies being defrauded. Whether it be investments, contracts for goods and services, or partnerships, lawsuits are filed every day alleging fraud claims. But litigants must beware – damages sought based on a fraud claim are not one-size-fits all. In fact, as reflected in a case involving a Baylor coach, the particular damages sought can lead to the unraveling of a fraud case. If you enter into an agreement based on a fraudulent representation and are damaged, you have two remedies: (1) maintain the contract and recover damages for the fraud; or (2) rescind the contract, return what you purchased, and receive back what you paid. Damages for fraud are divided into two categories, direct damages and consequential damages. An example of consequential damages would