Bank of America, N.A. v. Jill P. Mitchell Living Trust

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “that but-for causation [is] not the proper test for reliance in” fraud-based MCPA cases
• applying Simler to find that federal law applies when determining the enforceability of a contractual jury waiver
• finding undisputed that the counter-defendant “did not make the statement to” the wife, the wife “failed to read” the contract at issue, and she “played no role in the negotiation process”
• dismissing material-omission claim where the plaintiff learned information from a third party
• “Consumers must prove that they relied on the misrepresentation [or deceptive practice] in question to prevail on a damages action under the MCPA.”
• “A person cannot reasonably believe in the full truth of an alleged misrepresentation that directly contradicts the terms of a contract.”

Source: CourtListener parenthetical corpus (CC0).