Lum v. Bank of America

How courts have described this case

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

• holding that “mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers” does not satisfy the Rule 9(b
• noting that because the “meaning of the term ‘prime rate’” as used in the contract is “sufficiently indefinite that it is reasonable for the parties to have different understandings of its meaning,” there was no fraud claim on the basis of how the term was interpreted
• where plaintiffs allege fraud as the basis for another cause of action, they must satisfy Rule 9(b)
• “[Plaintiffs must plead with particularity the ‘circumstances’ of the alleged fraud in order to place the defendants on notice of the precise misconduct with which they are charged.”
• in resolving a motion to dismiss pursuant to Rule 12(b)(6), a court generally should consider “the allegations in the complaint, exhibits attached to the complaint, matters of public record, and documents that form the basis of a claim.”
• in resolving a motion to dismiss pursuant to Rule 12(b)(6), a court generally can consider “the allegations in the complaint, exhibits attached to the complaint, matters of public record, and documents that form the basis of a claim.”

Source: CourtListener parenthetical corpus (CC0).