Quote:
Originally Posted by yukong
His remedy might be one in equity...but he is alleging "fraud". Whether or not there was fraud is a "fact" question that must be determined at a trial by a "trier of fact" (jury). Unless both sides waive jury. That may be the best thing for Clay and bunch because the jury would be Seattle folks...but if they don't waive it would have to be to a jury.
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Yes, fraud is a question of fact which is for the jury to decide. The remedies portion of the trial would be a separate issue. If the jury decides there was fraud, it's up to the judge to impose an equitable remedy.