Lamm Ex Rel. Ira v. State Street Bank & Trust

How courts have described this case

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

• holding that “Rule 9(b)’s heightened pleading standard applies to negligent misrepresentation claims” under Florida law because those claims “sound[] in fraud” (quotation omitted)
• “alleging that a bank disregarded ‘red flags’ such as ‘atypical activities’ on a customer's account is insufficient to establish knowledge”
• finding that Rule 9(b)’s heightened pleading requirements apply to claims for negligent misrepresentation under Florida law
• explaining that Rule 9(b)’s heightened pleading standard applies to negligent misrepresentation claims
• noting that Tiara Condo. Ass’n, Inc. v. Marsh & McLennan Companies, Inc., 110 So. 3d 399 (Fla. 2013) “may” have left the independent tort doctrine intact but that “the exact contours of this possible separate limitation, as applied post-Tiara, are still unclear”
• affirming dismissal of fraud and related claims against the defendant SDIRA account administrator based largely on state law and the terms of the contractual arrangement between the plaintiff and the defendant

Source: CourtListener parenthetical corpus (CC0).