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Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 27217
Experience:  Attorney
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We have a situation where a defendant from a previously

Customer Question

We have a situation where a defendant from a previously settled lawsuit has breached a written contract that arose from the oral settlement agreement. There is now evidence we were fraudulently induced into the settlement with false promises in the contract. We've spoken to five lawyers who all say there is a cause of action but they are divided on whether it is a Motion to Enforce the old agreement or a new breach of contract action with additional claims for bad faith, fraudulent inducement and other torts. But these latter claims require discovery which I assume is beyond the scope of an MTE. My question is can both actions be taken separately, or rather consecutively if arguments during the MTE discover clearer evidence of fraud?
Submitted: 6 months ago.
Category: Business Law
Expert:  Lucy, Esq. replied 6 months ago.
Hi, I'm Lucy, and I'd be happy to answer your questions today. Courts don't like to have two cases open at the same time for the same thing. For one, it uses double the court time and resources. For another, you run the risk of conflicting judgments - what do you do if one judge says he has to follow the agreement and the other doesn't? So, if you have a Motion to Enforce and a new Breach of Contract case going at the same time, most likely, the judge will dismiss whichever was filed later.

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