Fimbel v. DeClark’s Empirical Analysis

Citation profile

10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]f a seller undertakes to disclose facts within his knowledge, he must disclose the whole truth without concealing material facts and without doing anything to prevent the other party from making a thorough inspection. For, if in addition to his silence, there is any behavior of the seller which points affirmatively to a suppression of the truth or to a withdrawal or distraction of the other parties’ attention to the facts, the concealment becomes fraudulent.”

   1 later decision quote this exact passage
   e.g. Wise v. Hays

2. “a material misrepresentation of past or existing facts made without knowledge or reckless ignorance of its falsity and that the misrepresentation caused reliance to the detriment of the person relying on it.”

   1 later decision quote this exact passage
   e.g. Lei Shi v. Cecilia Yi

3. “The failure to disclose all material facts by one on whom the law imposes a duty to disclose constitutes actionable fraud.”

   1 later decision quote this exact passage
   e.g. American United Life Insurance Co. v. Douglas