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Bruce R. Bryan

Civil Fraud

CIVIL FRAUD APPEALS

 A civil fraud appeal is distinct from a criminal fraud appeal in that the civil fraud appeal concerns a claim for money damages. A criminal fraud appeal challenges a conviction under a criminal statute for fraud that may have resulted in a term of imprisonment. (For criminal fraud appeals, see other pages dealing with this subject on this website)

The civil law requires good faith in every business transaction, and does not permit a person to intentionally deceive another through false representations or concealments. To sustain a civil action for fraud and deceit based on a misrepresentation, the misrepresentation must be a statement of fact that was untrue and known to be untrue by the person making it (or recklessly untrue), the statement must be made with the intent to deceive and to induce another person to act upon it, and the other person must have relied on the statement to their detriment.

An appeal may challenge whether fraud or deceit occurred. For example, a party may claim that the statement was an expression of opinion rather than a statement of fact. Likewise, statements as to future events may not be fraudulent. Issues can arise whether a party’s silence under the circumstances constituted fraudulent conduct. There must also be proof that the party intended that the representation be communicated to, and acted upon by, the complaining party. A reasonable belief in the truth of the representation may preclude fraud. The person who claimed that they were damaged must have relied upon the misrepresentation such that they were induced to act or change their position. In general, where there has been no reliance, there can be no relief. The representation must come to the knowledge of the complaining person, and such person must honestly believe the representation to be true. The complaining party must be misled and deceived by the misrepresentation. A civil fraud appeal may also challenge the extent of damages.

 

Contact Appeals Lawyer Bruce R. Bryan

Appeals lawyer Bruce R. Bryan has the background and experience to handle your civil fraud appeal. With more than 20 years as an appeals lawyer, Mr. Bryan has handled a variety of civil appeals.

In addition to his full-time practice as an appeals lawyer, Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, an Ivy League law school. He also teaches other lawyers about appeals to federal and state appeals courts. Mr. Bryan has appeared before state appeals courts, federal circuit courts of appeal and the Supreme Court of the United States.

To retain Mr. Bryan to handle your civil fraud appeal, or a case in one of his related areas of practice, please contact him at his office in Syracuse, New York by calling 315-280-8790 to request a consultation.

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More