Chesapeake & Ohio Railway Co. v. Ramsey

How courts have described this case

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

• holding that common law claims of fraud and breach of implied covenant of good faith and fair dealing were not preempted under § 1681h(e) because they “do not relate to defamation, invasion of privacy, or negligence”
• concluding that the plaintiffs adequately pled resulting damage by alleging that they did not obtain counsel to stop the foreclosure sale based on the defendant’s misrepresentation and that they could have stopped the sale by filing for bankruptcy
• holding that the plaintiffs stated a plausible claim of actual fraud based on the loan servicer’s allegedly false representation that it would stop a foreclosure sale scheduled for the following day if the plaintiffs wired a certain amount of funds to the loan servicer
• “[A] promise to perform an act in the future is not, in a legal sense, a representation as that term is used in the fraud context.” (quoting Lissmann v. Hartford Fire Ins. Co., 848 F.2d 50, 53 (4th Cir. 1988)

Source: CourtListener parenthetical corpus (CC0).