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Securing Summary Judgment Victory for Real Estate Developer in Business Partner Dispute

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Industry: Real Estate

Key Facts

  • Mintz represented a major real estate developer in a high-stakes dispute with a former business partner.
  • The firm proactively filed suit, asserting claims against the former partner at the outset of the dispute.
  • The court granted summary judgment dismissing nearly all fraud claims asserted against the client while allowing the client’s claims to proceed.

The Situation

The client became embroiled in a contentious dispute with a former business partner involving allegations of fraud and misconduct. Recognizing the risks posed by anticipated claims, Mintz adopted an offensive strategy and filed suit first to assert the client’s position and control the trajectory of the litigation. The opposing party responded with sweeping fraud allegations, significantly increasing the stakes of the dispute.

The Approach

Mintz pursued a dual-track strategy – aggressively advancing the client’s claims while dismantling the opposing party’s allegations. Through targeted discovery and strategic motion practice, the team developed a strong factual record undermining the fraud claims. Mintz then moved for summary judgment, focusing on the absence of evidentiary support for key elements of the opposing party’s case while reinforcing the viability of the client’s claims.

The Outcome

The court granted summary judgment in the client’s favor on nearly all fraud claims, substantially narrowing the scope of the case. At the same time, the client’s claims survived summary judgment, positioning the developer to pursue recovery and resolution from a position of strength. The result underscores Mintz’s ability to take a proactive litigation posture and deliver decisive outcomes in complex commercial disputes.

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