Allen v. Steele’s Empirical Analysis

Citation profile

1 district · 16 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Other states that define negligent misrepresentation according to section 552 have limited the cause of action strictly to cases involving business transactions, which they define synonymously with “commercial transactions.” See, e.g., G.A.W., III v. D.M.W, 596 N.W.2d 284, 290 (Minn.Ct.App.1999) (stating that negligent misrepresentation has been “recognized [only] in the context of a business or commercial transaction” and did not apply to husband’s suit alleging former wife misrepresented paternity); Robinson v. Omer, 952 S.W.2d 423, 427-28 (Tenn.1997) (holding that negligent misrepresentation did not apply where attorney gave advice for personal, not business, matters). Contra Sain v. Cedar Rapids Cmty. Sch. Dist, 626 N.W.2d 115, 126 (Iowa 2001) (holding that negligent misrepresentation is not restricted to business matters, but “situations where the information supplied harmed the plaintiff in its relations with third parties”).”

   1 later decision quote this exact passage · from the majority
   e.g. In re Rust-Oleum Restore Marketing, Sales Practices & Products Liability Litigation

2. “(1) one in the course of his or her business, profession or employment; (2) makes a misrepresentation of a material fact, without reasonable care; (3) for the guidance of others in their business transactions; (4) with knowledge that his or her representations will be relied upon by the injured party; and (5) the injured party justifiably relied on the misrepresentation to his or her detriment.”

   1 later decision quote this exact passage · from the majority
   e.g. Denver Health & Hospital Authority v. Beverage Distributors Co.

3. “[where non-clients are concerned, an attorney's liability is generally limited to a narrow set of cireumstances in which the attorney has committed fraud or a malicious or tor-tious act, including negligent migrepresentation.”

   1 later decision quote this exact passage · from the majority
   e.g. Baker v. Wood, Ris & Hames, Professional Corp.