Fox v. Heimann

How courts have described this case

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

• noting that the plaintiff carries the burden of proving common law fraud by clear and convincing evidence
• presuming “the provisions of the Disclosure Act are deemed to be part of the contract, as though expressly referred to or incorporated therein”
• “the expiration of a statute of limitations is an affirmative defense, which is forfeited if not timely raised in the trial court”
• the trial judge, as the fact finder, is better suited than the reviewing court to assess credibility and weigh evidence
• “[W]here a defendant files an answer to a complaint, any defect in the pleading is [forfeited].”
• “[T]he expiration of a statute of limitations is an affirmative defense, which is forfeited if not timely raised in the trial court.”

Source: CourtListener parenthetical corpus (CC0).