Henry v. Lehman Commercial Paper, Inc. (In Re First Alliance Mortgage Co.)

How courts have described this case

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

• “observing that such a strict standard overlooks the design and intent of Rule 23”
• affirming JMOL where “the 10 jury award was not based on proper consideration of the evidence”
• noting that the proper measure of damages in fraud actions is “out-of-pocket” damages, which “restores a plaintiff to the financial position he enjoyed prior to the fraudulent transaction, awarding the difference in actual value between what the plaintiff gave and what he received”
• “No authority supports the Trustee’s claim that independently tortious conduct is ‘egregious’ as a matter of law.”
• “Although equitable subordination can apply to an ordinary creditor, the circumstances are ‘few and far between.’ ”
• “Class treatment has been permitted in fraud cases where, as in this case, a standardized sales pitch is employed.”

Source: CourtListener parenthetical corpus (CC0).