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· 5/27/2010

Shandong Yinguang Chemical Industries Joint Stock Co. v. Potter

Citations

  • 607 F.3d 1029
  • 2010 U.S. App. LEXIS 10881
  • 2010 WL 2106628

How courts have described this case

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

  • finding that an overly vague and nonspecific statement on which a reasonable person would not rely is not a material misrepresentation
  • “As discussed above, [plaintiff] fails to allege an actual fraud, and therefore fails to sustain a basis for holding [defendant] personally liable.”
  • “However, ‘failure to preform, standing alone, is no evidence of the promissor’s intent not to perform when the promise was made.’” (quoting Spoljaric v. Percival Tours, Inc., 708 S.W.2d 432, 434 (Tex. 1986))
  • applying the guidance of Spoljaric at the 12(b)(6) stage
  • detailing elements of fraud under Texas law

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Smith, Elrod

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.