William Cummings and Joyce Cummings Trustees of Ws Cummings Realty Trust Lundquist Inc Wcp Inc and St Thomas Realty Fund Inc v. Hpg International Inc’s Empirical Analysis

Citation profile

7 federal appellate · 31 district · 2 state decisions

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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) in the course of its business, (2) supplied false information for the guidance of others (3) in their business transactions, (4) causing and resulting in pecuniary loss to those others (5) by their justifiable reliance upon the information, and (6) that it failed to exercise reasonable care or competence in obtaining or communicating the information. Pox v. F & J Gattozzi Corp., 41 Mass.App.Ct. 581 , 672 N.E.2d 547, 551 (1996) (citing Restatement (Second) of Torts § 552(1) (1977)); see also Massachusetts School of Law at Andover, Inc. v. American Bar Ass’n, 142 F.3d 26, 41 (1st Cir.1998).”

   5 later decisions quote this exact passage · from the majority
   e.g. Stokes v. Wells Fargo Bank, N.A. · 263 F. Supp. 2d 140 - Superior Kitchen Designs, Inc. v. Valspar Industries (U.S.A.), Inc.

2. “'within at least the penumbra of some common-law, statutory, or other established concept of unfairness' or 'immoral, unethical, oppressive, or unscrupulous.'”

   4 later decisions quote this exact passage · from the majority
   e.g. Geis v. Nestlé Waters N. Am., Inc. · Pearson v. Hodgson

3. “There is an important threshold determination for any misrepresentation claim .... [O]nly statements of fact are actionable.”

   2 later decisions quote this exact passage · from the majority
   e.g. G. v. Fay Sch. · G. v. The Fay School