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← 613 So. 2d 671 - First Downtown Dev. v. Cimochowski

613 So. 2d 671 - First Downtown Dev. v. Cimochowski’s Empirical Analysis

1993

Citation profile

16
cited by 16 later decisions
1
states following
June 2015
most recently cited

2 federal appellate · 13 state decisions

How this case has been cited

Cited by 16 later decisions — most recently June 2015

2 federal appellate · 13 state decisions

60199320002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on 549 So. 2d 840 - Rosell v. Esco · Arceneaux v. Domingue · 9 to 5 Fashions, Inc. v. Spurney · Cust v. Item Co. · 557 So. 2d 966 - Great SW Fire Ins. Co. v. CNA Ins. Companies

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

  1. “a misrepresentation or a suppression of the truth made with the intention either to obtain an unjust advantage for one party or to cause a loss or inconvenience to another.”
    2 later decisions quote this exact passage
  2. “To find fraud from silence or suppression of the truth, there must exist a duty to speak or to disclose information. Greene v. Gulf Coast Bank, 593 So.2d 630, 632 (La.1992); Bunge Corporation v. GATX Corporation, 557 So.2d 1376, 1383 (La.1990). The existence of this duty is a legal question. Relevant factors include whether the obligation is being imposed on a seller, who is more likely to be required to disclose, the importance of the fact not disclosed; the relationship of the parties; and the nature of the fact not disclosed. Bunge, supra at 1384 . Certain special circumstances, such as where the parties stand in some confidential or fiduciary relation to one another, will give rise to a duty. See Greene , and Bunge Corporation, both supra. As further expressed in the Bunge ruling: This duty to speak does not result from an implied representation by silence, but exists because a refusal to speak constitutes unfair conduct.”
    1 later decision quote this exact passage
  3. “A shareholder of a corporation organized after January 1, 1929, shall not be liable personally for any debt or liability of the corporation.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.