· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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