Legal Question in Civil Litigation in New Jersey

Motion for Summary Judgment

Can a motion for summary judgment be issued against me when I claim that the other party lied and misrepresented that facts (i.e., committed fraud). At issue is a 12 month contract in which I retained a lobbyist. The contract had a severance clause (without cause). I would have terminated the contract if I had known what was going on. Instead, since I was being lied to (a letter from federal agency refuting what I was being told by the lobbyist, was never given to me ... it was received during 'discover'). When I did learn what was going on, I stopped paying the lobbyist ($5K/mo). In the end, the results were not to my advantage (but that is not relevant). I was sued. I counter sued for damages ($300K) and claimed I would have terminated months earlier, but had been lied to. Eventually they sought a summary judgment on a 'collection case'. It was granted. My attorney did not address the direction question by the Judge - What of your client's claim that he was lied to? I have since paid the $20K to the lobbyist, plus her legal fees. Should the Summary Judgment have been granted in a case alleging fraud?


Asked on 11/10/00, 1:57 pm

1 Answer from Attorneys
Stuart Williams

Re: Motion for Summary Judgment

I don't understand: "My atty did not address the direction question by the Judge - What of your client's claim that he was lied to?" Why didn't your attorney? Did he have an answer that he simply didn't utter? Or were things not so clear?

What was the lie about? It may not have been a relevant lie! While it's not good to lie to your employer, unless it was a legally relevant or otherwise important lie, it may not have mattered.

You should be asking your attorney to explain the result, don't you think?

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Answered on 11/20/00, 12:13 am


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