Reed v. Owen’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “17. Albrecht's fraud claim is governed by Wyoming law, which requires proof by clear and convincing evidence of each of the following five elements: 1) a false representation made by the defendant, 2) which is relied upon by the plaintiff, 3) to his damage, 4) the asserted false representation must be made to induce action, and 5) the plaintiff must reasonably believe the representation to be true. Under Wyoming law, the party alleging fraud must do so clearly and distinctly and must prove the same so as to satisfy the mind and conscience of its existence. 18. Albrecht failed to come forward with clear and convincing evidence to establish each of the elements of his fraud claim which, in essence, alleged that Plaintiffs induced Albrecht to enter into the April 29, 1982 Agreement by falsely promising to invest million[s] of dollars through Albrecht. Albrecht's fraud claim, which was premised solely upon an alleged vague oral promise not supported by a shred of documentary or other corroborative evidence, strains credulity.[ [2] ] 19. Plaintiffs and their affiliates (and their respective agents and representatives) did not make any misrepresentations of fact to Albrecht or his agents or representatives in order to induce Albrecht to enter into the April 29, 1982 Agreement. [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. Albrecht v. Zwaanshoek Holding en Financiering, B.V.