On Avoiding Misrepresentation Claims - A Review of Hoyt Properties

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May 5, 2008

As published in William Mitchell School of Law's new online Journal of Law & Practice, Eric J. Magnuson and Daniel J. Supalla co-author "Life with Hoyt:  Avoiding Misrepresentation Claims in Negotiating Settlement Agreements."

In Hoyt Properties, Inc. v. Production Resource Group, L.L.C., the Minnesota Supreme Court outlined the parameters of misrepresentation claims based on settlement discussions and statements made by a party's lawyer. Although many in the legal community viewed the holding as dramatic, the decision merely emphasized that words should be chosen with caution, and that settlement agreements should be drafted carefully.

This article not only discusses the background of Hoyt, but also provides a comprehensive discussion about the fundamentals of settlement agreements and important considerations for avoiding similar claims of fraud and misrepresentation.