· 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 CourtListenerSourced 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.