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Tuesday, October 12, 2010 5:16:20 PM
IMO very hard to prove. It is just hearsay. If something was written, that would be another story.
Plaintiff has to mitigate. That is to say, he has to look for another job. If he gets another investment banking job with similar opportunity, the misrepresentation goes out the window (except for maybe the stock capital gains).
IMO the negligent misrepresentation is a big hammer, a threat, that will ultimately be used as a bargaining chip and dropped in order to avoid court and obtain a reasonable settlement.
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