· 6/14/2010
Freedom Mortgage Corp. v. Burnham Mortgage, Inc.
Citations
- 720 F. Supp. 2d 978
- 2010 U.S. Dist. LEXIS 59013
- 2010 WL 2403031
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff did not meet consumer nexus test because plaintiff did “not allege[] [that defendant] . . . made misrepresentations to the general public”
- holding that plaintiff must allege that defendant made misrepresentation to general public in order to meet consumer nexus test
- declining to dismiss as duplicative claims for negligence and negligent misrepresentation “because the elements” of the two torts “are materially different under Illinois law”
- closing agents were in business of providing information to others where services were not incidental to a contractual duty or the performance of an act but instead performed “analytical work”
- “It is well-settled that duplicative counts in a complaint may be properly dismissed.” (internal quotation marks and citation omitted)
- “Plaintiffs can pursue different causes of action based on the same set of facts, though they can recover only once for the injury.” (internal citations omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Robert W. Gettleman
Read full opinion on CourtListenerSourced 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.