Legal terms explained: Breach, meritorious and frivolous claims.

Among the most common lawsuits in New York courts, Breach of Contract and Personal Injury top the infamous list. Breach of Contract is simply when parties enter into an agreement but one of the sides fails to fulfill the promise as mandated in the document. A party may also be in Breach if he or she acts in such a way that it undermines the performance of the other in the agreement. Personal injury lawsuits, on the other hand, are cases filed on behalf of victims of avoidable injury and/or loss. Examples commonly presented to litigators like the Schwartzl aw team include insurance fraud and medical malpractice respectively.

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Meritorious, nonmeritorious and frivolous lawsuits

Sadly, personal injury lawsuits have become popular lucrative ventures for purporting victims to earn quick money. Unfortunately, more and more litigators have been drawn to deceptive victories resulting from unethical practices. These are grounds for which the Fairness in Class Action bill was voted in by Republican members of the Judiciary Committee. However, any litigator worth his salt including those Schwartz Law PC has, would assert that the law will not serve to distinguish meritorious from nonmeritorious claims. Instead many fear that honest suits will be thrown out of the court or prevent fair settlements for deserving victims. Emphatically, plaintiffs with legitimate claims wouldn’t also favor the legislation.


Like any other business decision, strategy, law, and ethics are the pillars for a successful representation by a litigator. It is feared that challenging corporate and government actions will be an uphill task when the controversial law is implemented. Therefore, you need to be more selective of the attorney(s) selected to represent your business litigation claim. A frivolous claim may not only be thrown out but may result in the defendant’s frivolous countersuit against you.  If successful, you will be penalized to pay the attorney fee for the defendant. Seek information to be confident that you get represented by the right attorney. For instance, at reading the testimonies of successful settlements led by a long term disability attorney gives a measure of confidence in the firm’s attorneys.

Understand your Breach of Contract matter

The law in New York stipulates different litigation actions for issues relating to breach of contract. Attorneys like those at Schwartzl aw, represent clients with disputes ranging from non-payment issues to class actions.

  • The Statute of Frauds Law.

The law requires that parties engaging in a contract reduce the agreement terms in writing and be signatories to the document.  A common example is a contract stipulating the purchase of a real estate property. Others include all agreements whose terms cannot be performed within a year.

  • Uniform Commercial Code.

Most contracts in business operations involving suppliers, orders, and pay policies are governed by this law. The process of determining which party is in breach, who suffered as a result and the best remedy to compensate them is stipulated.

  • Employment contracts.

These are uniquely governed by the laws cited in the employment contract signed by an employee before taking up the employment. They usually include bargaining agreements from unions or other oversight parties and stipulate the suing process in the event of a breach. In some cases, the agreement may require you to present the matter before a specific judicial forum instead of court or even close you to the jurisdiction your complaint’s merit can be decided.

The general rule is consulting with an attorney for any legal dispute before making assumptions. Consider a free consultation by Schwartzl aw attorneys.

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