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· 6/20/2012

Republic Bank & Trust Company v. Bear Stearns & Company., Inc.

Citations

  • 683 F.3d 239
  • 2012 WL 2330565
  • 2012 U.S. App. LEXIS 12513

How courts have described this case

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

  • holding that fraudulent statements must be specifically alleged, including the time and place the statements were made
  • holding that fraudulent statements must be specifically alleged, including the time and place the statements were made
  • holding that negligent misrepresentation requires Rule 9’s heightened pleading standard
  • noting that courts had disagreed regarding whether Rule 9(b) applies to claims for negligent misrepresentation and concluding that it does apply to such a claim under Kentucky law
  • explaining that while salespeople do not have “carte blanche to commit fraud” under Kentucky law, a buyer “should be on his guard and verify the seller’s statements before purchase”
  • finding that we need not accept a “legal conclusion couched as a factual allegation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt, Boggs, Clay

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.