Fraud—The Most Used and Least Understood Cause of Action: Allegations, Defenses, and Practice Tips (Online Seminar)

MCLE Credits: 4.0
Ethics Credits Included: 0.0

MCLE Credit: 4.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Designation Credit: 4.0 Trial Practice/Litigation (Designations Information)
Price: $229 (Includes a downloadable audio version.)
Viewable Through: 9/30/2021


A pre-recorded streaming VIDEO replay of the October 2018 live seminar, Fraud—The Most Used and Least Understood Cause of Action: Allegations, Defenses, and Practice Tips.

Fraud is easy to allege, but can be difficult to prevail on at trial. Court decisions construing fraud have erected many traps for the unwary; however, opportunities remain for successfully utilizing this all-purpose cause of action. Our team of experienced litigators, supported by two seasoned judges, will help you navigate this difficult area of the law to successfully prove, or resist, a charge of fraud.

Topics covered:

  • Find out from experienced Virginia litigators why fraud is over-pleaded and under-proven
  • Learn when and how to use claims of fraud to your client’s best advantage
  • Get an update on attorney fees in fraud cases
  • Hear commentary from the Bench



Why Plead Fraud?
John A.C. Keith
  • Psychological component of pleading fraud
  • Avoiding collateral damage—“You’re a liar”
  • Impact on negotiations
  • Strategies
Types of Fraud
Hon. Thomas Horne
  • Actual and constructive fraud
  • Intrinsic and extrinsic fraud (fraud on the court)
  • Fraud in the inducement
  • Conspiracy to defraud (statutory and common law)
  • Consumer fraud (Virginia Consumer Protection Act)
  • Securities fraud
  • Securities arbitration
Separation of Fraud and Contract Claims
Edward B. Lowry
Discovery Issues
John A.C. Keith
  • Pre-pleading
  • Post-pleading
  • Tips for plaintiffs and defendants
Difficulties in Alleging and Proving Fraud
Edward B. Lowry
  • Present intention not to perform
  • Existing fact
  • Puffing
  • Omission of fact
  • Pleading with particularity
  • Statute of limitation issues
Fraud as a Defense
John A.C. Keith
Damages and Other Remedies
Hon. Thomas Horne
  • Economic loss rule
  • Rescission
  • Attorney fees
  • Punitive damages for actual but not constructive fraud
  • Higher standard
Practice Tips When Dealing with Fraud Cases
Hon. Thomas Horne, Hon. Alfred D. Swersky, John A.C. Keith, Edward B. Lowry

The four panelists will present top practice tips when dealing with fraud cases.



Hon. Thomas D. Horne, Judge, 20th Judicial Circuit (Ret.), The McCammon Group / Leesburg
Hon. Alfred D. Swersky, Judge, 18th Judicial Circuit (Ret.), The McCammon Group / Richmond
John A.C. Keith, Blankingship & Keith, P.C. / Fairfax
Edward B. Lowry, MichieHamlett / Charlottesville


Hon. Alfred D. Swersky, Judge, 18th Judicial Circuit (Ret.)The McCammon Group / Richmond

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