Ortiz v. Times Plaza Development Corp.

How courts have described this case

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

• holding that the district court did not abuse its discretion when the movant \did not include its proposed amendment\ or \make an argument as to why leave to amend was appropriate\
• holding that economic loss rule applied where plaintiff’s fraud and negligent misrepresentation claims were tied directly to the franchise agreement and arose solely from the contractual relationship between the parties
• recognizing that the economic-loss rule does not always extend to fraud and fraudulent-inducement claims
• holding the district court did not err “when it dismissed [plaintiff’s] FTC claims based on allegedly incomplete disclosure in the FDD.”
• finding a damages waiver was conspicuous as a matter of law where the heading was in bold, all capitals, and underlined and where the waiver provision itself was in bold and all capitals
• clauses in boldface and all caps are conspicuous under Texas law

Source: CourtListener parenthetical corpus (CC0).