Esoldi v. Esoldi’s Empirical Analysis
1996
Citation profile
5 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1367
Relies on Calder v. Job · Longobardi v. Chubb Ins. Co. of New Jersey · MERCHANTS IND. CORP., OF NY v. Eggleston · DiTrolio v. Antiles · Circle Chevrolet Co. v. Giordano, Halleran & Ciesla
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A misrepresentation amounting to legal fraud consists of a material representation of a presently existing or past fact, made with knowledge of its falsity and with the intention that the other party rely thereon, resulting in reliance by that party to his detriment. The elements of scienter, that is, knowledge of the falsity and an intention to obtain an undue advantage therefrom, are not essential if plaintiff seeks to prove that a misrepresentation constituted only equitable fraud. Thus whatever would be fraudulent at law will be so in equity; but the equitable doctrine goes farther and includes instances of fraudulent misrepresentations which do not exist in the law.”
1 later decision quote this exact passage · from the majority“Is the firm aware of any circumstances, or any allegations or contentions as to any incident which may result in any claim being made against the firm or any or its past or present Owners, Partners, Shareholders, Corporate Officers or Employees or its predecessors in business?”
1 later decision quote this exact passage · from the majority
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.