VTech Holdings Ltd. v. Lucent Technologies, Inc.

How courts have described this case

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

• finding that “[t]he Bridgestone/Firestone test may not apply” to a fraud claim premised on misrepresentations of “contemporaneous facts,” given that the test “was developed in the context of misrepresentations of future intent rather than present fact.”
• finding that the plaintiff had sufficiently pled a claim for fraud independently from its breach of contract claim where the plaintiff alleged that the defendant made several misrepresentations about contemporaneous facts related to the subject of the contract
• sustaining a fraud claim where the plaintiff alleged “that it was induced to enter into a contract and then complete the closing by a series of misrepresentations of present fact, rather than a series of false promises”
• “In deciding the motion [to dismiss], the court may consider documents referenced in the complaint and documents that are in the plaintiff’s possession or that the plaintiff knew of and relied on in bringing suit.”
• in deciding motion to dismiss for failure to state claim, the court “may consider documents referenced in the complaint and documents that are in the plaintiff’s possession or that the plaintiff knew of and relied on in bringing suit.”

Source: CourtListener parenthetical corpus (CC0).