· 12/14/2006
Douglas E. Wall v. Csx Transportation, Inc. And Consolidated Rail Corporation, Docket No. 05-4065-Cv
Citations
- 471 F.3d 410
- 25 I.E.R. Cas. (BNA) 910
- 181 L.R.R.M. (BNA) 2006
- 2006 U.S. App. LEXIS 30834
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a “fraud claim may not be used as a means of restating what is, in substance, a claim for breach of contract”
- denying a motion to dismiss a fraud claim where the challenged misrepresentation was not explicitly captured in the contract terms
- listing elements of fraudulent inducement as: (1) material false representation collateral to a contract; (2) known by defendant to be false; (3) reasonable reliance by plaintiff N.E.2d 1104, 1108 (N.Y. 2011) (listing elements of fraudulent misrepresentation as: (1
- \New York law specifically recognizes causes of action for fraud in the inducement when the misrepresentation is collateral to the contract it induced.\
- “New York law specifically recognizes causes of action for fraud in the inducement when the misrepresentation is collateral to the contract it induced.”
- “As there is no conflict . . . New York, as the forum state, would apply its law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Straub, Sack, Trager
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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