Vives v. Rodriguez’s Empirical Analysis

Citation profile

1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Vives , the court recognized that the Pennsylvania Superior Court has adopted a bright line rule providing that the “gist of the action” doctrine bars claims of fraud in the performance of a contract but does not bar claims for fraud in the inducement. However, the Vives court also recognized that the Third Circuit, as well as district courts within the Third Circuit, have determined that the “gist of the action” doctrine may bar claims for fraud in the inducement “where the false representations concerned duties later enshrined in the contract.” These federal cases also warned against any reliance on the distinction between fraudulent inducement and fraudulent performance claims, instead emphasizing that the doctrine requires a fact-intensive analysis. The Vives court ultimately sided with the authority within the Third Circuit and predicted that the Pennsylvania Supreme Court would find that the “gist of the action” doctrine bars fraudulent inducement claims based upon “misrepresentations as to a party’s intent to perform under a contract.””

   1 later decision quote this exact passage · from the dissent
   e.g. 44 F. Supp. 3d 541 - Diodato v. Wells Fargo Insurance Services, USA, Inc.