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· 8/24/1998

Martinez Tapia v. Chase Manhattan Bank, N.A.

Citations

  • 149 F.3d 404
  • 1998 WL 439483

How courts have described this case

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

  • stating appropriate inquiry presumably would have disclosed sufficient information to detect alleged misrepresentations at early stage
  • “[i]nquiry notice is triggered by evidence of the possibility of fraud, not by complete exposure of the alleged scam.”
  • in the context of the statute of limitations, \party claiming fraud and/or misrepresentation must exercise due diligence to discover the alleged fraud\
  • “[W]here the investor controls a nondiscretionary account and retains the ability to make investment decisions, the scope of any duties owed by the broker will generally be confined to executing the investor’s order.”
  • Hedge, when referring to allegations that Ignite is a pyramid scheme: “Hey look, have any of y’all heard that? Has anyone ever . . . Let’s get something straight—I don’t care if you call it an octagon, parallelogram, rectangle—they’re sending me a check.”
  • applying same rule under Texas law

Source: CourtListener parenthetical corpus (CC0).

Judges: Politz, Davis, Duhé

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.