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· 11/29/1990

Empire of America Federal Savings Bank v. United States

Citations

  • 751 F. Supp. 115
  • 1990 U.S. Dist. LEXIS 16184
  • 1990 WL 185724

How courts have described this case

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

  • dismissing fraud claims under Rule 9(b) when the plaintiffs needed to “provide greater details about the circumstances surrounding the omissions”
  • under Illinois law “[a] breach of contract claim is ... subject to dismissal where it duplicates a malpractice claim”
  • “Under the ICFA, it is not necessary to plead a common-law duty to disclose in order to state a claim for fraud based on an omission or concealment.”
  • “Under Illinois law, a breach of fiduciary duty claim has three elements: (1) that a fiduciary duty exists, (2) that the fiduciary duty was breached, and (3) that such breach proximately caused the injury of which the plaintiff complains.”
  • proximate causation constitutes an essential element of breach of fiduciary duty claim

Source: CourtListener parenthetical corpus (CC0).

Judges: McBryde

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.