Skip to main content
· 7/30/2013

John MacDonald, Jr. v. Thomas M. Cooley Law School

Citations

  • 724 F.3d 654
  • 2013 WL 3880201
  • 2013 U.S. App. LEXIS 15444

How courts have described this case

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

  • adopting as the “best authority” Novak’s holding that “reliance must indeed be reasonable”
  • deriving facts, on a motion to dismiss, from five exhibits attached to the complaint
  • deriving facts, on a motion to dismiss, from five exhibits attached to the complaint
  • “Unreasonable reliance includes relying on an alleged misrepresentation that was expressly contradicted in a written contract that a plaintiff reviewed and signed.”
  • “[T]o state a claim for the tort of silent fraud, a plaintiff must allege more than non-disclosure; a plaintiff must establish that the defendant had a legal duty to make a disclosure.” (internal quotation marks omitted)
  • “a legal duty to make a disclosure arises most commonly in a situation where inquiries are made by the plaintiff, to which the defendant makes incomplete replies that are truthful in themselves but omit material information”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Cook, Graham

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.