· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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