Marolda v. Symantec Corp.’s Empirical Analysis

Citation profile

2 district ·

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

1. “"In this case, to plead the circumstances of omission with specificity, plaintiff must describe the content of the omission and where the omitted information should or could have been revealed, as well as provide representative samples of advertisements, offers, or other representations that plaintiff relied on to make her purchase and that failed to include the allegedly omitted information. Plaintiff's complaint should also include samples of materials documenting both her 2006 and 2007 purchases that leave out the essential information.” Id. at 1001.”

   3 later decisions quote this exact passage · from the majority
   e.g. In re Arizona Theranos, Inc., Litigation · 733 F. Supp. 2d 1117 - Yumul v. Smart Balance, Inc.

2. “Typically, “[a]verments of fraud must be accompanied by the who what when where, and how of the misconduct charged,” but claims based on an omission “can succeed without the same level of specificity required by a normal fraud claim.” This is because a plaintiff alleging an omission-based fraud will “not be able to specify the time, place, and specific content of an omission as would a plaintiff in a false representation claim.” Because the plaintiffs “[are] alleging a failure to act instead of an affirmative act, the [Plaintiffs] cannot point out the specific moment when the Defendant failed to act.””

   1 later decision quote this exact passage · from the majority
   e.g. 78 F. Supp. 3d 1051 - In re Carrier IQ, Inc.