231 Mich. App. 22 - M&D, INC v. McCONKEY’s Empirical Analysis
1998
Citation profile
6 state decisions
How this case has been cited
Cited by 85 later decisions — most recently April 2025 · most notably 510 F. App'x 425 - Abdullah El-Seblani v. IndyMac Mortgage Services (2013), James Smith v. Bank of America Corporation (2012)
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 85 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"To succeed on a claim for fraud, Plaintiff must plead and prove that '(1) the defendant made a material representation; (2) the representation was false; (3) when the defendant made the representation, the defendant knew that it was false, or made it recklessly, without knowledge of its truth as a positive assertion; (4) the defendant made the representation with the intention that the plaintiff would act upon it; (5) the plaintiff acted in reliance upon it; and (6) the plaintiff suffered damage.' " Rautu v. U.S. Bank , N.A., 2013 WL 866480 , at (E.D.Mich. March 7, 2013) ( citing M&D, Inc. v. W.B. McConkey , 231 Mich.App. 22 , 27, 585 N.W.2d 33 (1998) ).”
5 later decisions quote this exact passage“suppression of a material fact, which a party in good faith is duty-bound to disclose, is equivalent to a false representation and will support an action in fraud.”
2 later decisions quote this exact passage“[I]n order to establish a claim of silent fraud, there must be evidence that the seller made some sort of representation that was false. It is not enough ... that the seller had knowledge of the defect and failed to disclose it; rather, the seller must make some type of misrepresentation. A misrepresentation need not necessarily be words alone, but can be shown where the party, if duty-bound to disclose, intentionally suppresses material facts to create a false impression to the other party.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.