Bartlett v. Frederick County MD’s Empirical Analysis

Citation profile

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

1. “The loan agreements ... were induced by unconscionable conduct.” (Compl. ¶ 15). This unadorned allegation is in the nature of a legal conclusion. It is of no consequence in testing the pleading's sufficiency under Rule 12(b). Of some moment in the analysis, however, is a different allegation in the complaint, which serves as a useful example of something that counts at the 12(b)(6) stage: "The loan agree-mente contained unfair terms, some of which constitute unfair surprise to the plaintiffs, including, but not limited to, a loan amount in excess of the fair market value of the property and the conversion of unsecured debt to secured debt.” (Compl. ¶ 16). The Tillettes also profitably allege that BWV failed "to recommend a loan that was not secured by” the Tillettes’ home, putting the family’s residence at risk. (Compl. ¶ 22(c)). . The remaining counts are subject to sum- ■ mary disposition. Respecting Count Four, our court of appeals has noted in an unpublished disposition that, "[i]t is an open question in this Circuit whether a negligent misrepresentation claim must be pleaded with particularity.”

   1 later decision quote this exact passage · from the dissent
   e.g. Tillette v. Beneficial West Virginia, Inc. (In re Tillette)