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· 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 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.