McLaughlin v. Williams’s Empirical Analysis

Citation profile

4 district · 12 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the defendant made a false representation to the plaintiff, (2) the defendant had a pecuniary interest in making the statement, (3) the defendant owed a duty of care to see that he communicated truthful information to the plaintiff, (4) the defendant breached that duty by failing to exercise due care, (5) the plaintiff justifiably relied on the represen tation, and (6) the plaintiff suffered a pecuniary loss as the proximate result of his reliance on the representation.”

   2 later decisions quote this exact passage
   e.g. Williams v. Quest Diagnostics, Inc. · Turner v. Milliman

2. “(1) a representation; (2) its falsity; (3) its materiality; (4) knowledge of its falsity or a reckless disregard for its truth or falsity; (5) intent that the plaintiff act upon the representation; (6) the hearer's ignorance of its falsity; (7) the hearer's reliance on its truth; (8) the hearer's right to rely thereon; and (9) the hearer's consequent and proximate injury.”

   1 later decision quote this exact passage
   e.g. Williams v. Quest Diagnostics, Inc.

3. “The key difference between fraud and negligent misrepresentation is that fraud requires the conveyance of a known falsity, while negligent misrepresentation is predicated upon transmission of a negligently made false statement.”

   1 later decision quote this exact passage
   e.g. Williams v. Quest Diagnostics, Inc.