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Roger, Attorney
Category: Business Law
Satisfied Customers: 30898
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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So in my complaint io have several causes of actions - breaqch

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So in my complaint io have several causes of actions - breaqch of fiduciary duties, breach of contract, breach of implied warrantew, NJ consumer Fraud act and frudulent misrep.

1. for each cases i am saying "previous paragraphs are inciorpoarted here by reference.
Or i can say paragraphs 1-45 are adopted.
What are the differences in those - are those in fact adapoted or incporated - what does that mean for the perspective of the prevuious causes of actions?

2. what would be the best way to plead these casuses - what should come first .... to last?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a Business litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : 1. Usually, you do this per cause of action. For instance after you type up your first cause of action, the first paragraph of the second cause of action would say "The Plaintiff hereby incorporates paragraphs 1. through ___. and adopts them herein." It really makes no difference, but you can merge the two here.
Kirk Adams : 2. It really makes no difference which way you plead the causes of action. However, you usually plead your best claim first and your weakest last.

so do i hjave to list them by numbers or can i just sya - all previous paragraphs are adpoted? I mean in my Consumer Fraud i ask for treble damages as it is a mandatory thing, - where might it not be sufficient? Why would i need to list them by numbers instea of just saying all previous paragraphs?

Kirk Adams : Frankly, that's just the way it's done.
Kirk Adams : You identify the previous paragraphs by number and say that they're incorporated by reference.

so the prayer for releaf then should not be incorporated by reference, correct, then? So all the paragraphs until the prayer for releaf of each of the caseus of actions?

Kirk Adams : You would incorporate all claims for very claim made; the prayer for relief would ask the court to find in your favor and award damages based on claims 1. through ___.
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