Allen v. Stephan Co.’s Empirical Analysis
2000
Citation profile
2 federal appellate · 10 state decisions
Relationships
Relies on 209 Mich. App. 365 - Huron Tool and Engineering Co. v. Precision Consulting Services, Inc. · State v. Boyd · 515 So. 2d 180 - AFM Corp. v. Southern Bell Tel. & Tel. · 685 So. 2d 1238 - HTP, Ltd. v. Lineas Aereas Costarricenses · 744 So. 2d 973 - Moransais v. Heathman
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“fraud occurs in the connection with misrepresentations, statements or omissions which cause the complaining party to enter into a transaction, then such fraud is fraud in the inducement and survives as an independent tort.”
4 later decisions quote this exact passage“To determine whether the economic loss rule bars recovery under fraud, the question is simply this: is the fraud alleged in an act of performance or in a term of the bargain? Where, as here, the representation is simply made and relied upon in inducing the completion of the transaction, then clearly it is a term of the bargain. Nothing further was required of the [sellers] in connection with this contract term after they made the representation that all [the company]’s taxes had been paid. If, however, the misrepresentation had been in connection with the seller’s performance-such as the ability to provide increased reservations and better hotel management services in Hotels of Key Largo, which required continuing action on the part of the seller, then the fraud is in the performance and the economic loss rule bars recovery sounding in tort.”
3 later decisions quote this exact passage“[i]n each of those cases, the injury was one which flowed from the failure to perform the heart of the agreement.”
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.