Giles v. General Motors Acceptance Corp. (2007)
green
· 231 citation events
across 34 courts.
Showing the 50 strongest citers on record
(one row per citing case, strongest signal kept).
Treatment trajectory · 2007 → 2026 · click a year to view the case as of then
200720162026
Sort:
By significance ·
Most recent
green
Slidewaters LLC v. Washington State Dep't (2021)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007).
green
George Kleinman v. Wells Fargo N.A. (2024)
Motors Acceptance Corp., 494 F.3d 865, 879 (9th Cir. 2007) (applying Nevada law).
applying Nevada law
Since there is no case directly on point, our task is to “predict how the state high court would resolve [the issue].” Giles v. General Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007).
green
Bridget Dorfmeister v. Zurich American Insurance Co. (2021)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007).
green
Petra Martinez v. America's Wholesale Lender (2020)
Motors Acceptance Corp., 494 F.3d 865, 884 (9th Cir. 2007) (in diversity cases where only substantive state law is at issue “we apply the preclusion law that the [state court which issued the first judgment] would apply”); Mycogen Corp. v. Monsanto Co., 51 P.3d 297, 306-07 (Cal. 2002) (California’s doctrine of res judicata).
in diversity cases where only substantive state law is at issue “we apply the preclusion law that the [state court which issued the first judgment] would apply”
green
Robin Winger v. City of Garden Grove (2020)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007) .
green
Jacquelynn Nickler v. Clark County (2020)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007). 1.
green
Karen Montgomery v. Specialized Loan Servicing (2019)
Motors Acceptance Corp., 494 F.3d 865, 884 (9th Cir. 2007) (in diversity cases where only substantive state law is at issue “we apply the preclusion law that the [state court which issued the first judgment] would apply”). 2 18-56453 The district court properly dismissed plaintiffs’ remaining claims because plaintiffs failed to respond to the arguments raised in defendants’ motion to dismiss these claims.
in diversity cases where only substantive state law is at issue “we apply the preclusion law that the [state court which issued the first judgment] would apply”
green
Joanna Park-Kim v. Daikin Applied Americas, Inc. (2019)
Motors Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007), and plaintiffs allege only economic injuries, not property damage or physical injury.
green
Medical Mutual of Ohio v. AXA Assistance USA, Inc. (2023)
For example, the Ninth Circuit Court of Appeals observed that the economic loss doctrine has caused much confusion, primarily because some courts have mistakenly stated in “overly broad terms that purely economic losses cannot be recovered in tort.” Giles v. GMAC, 494 F.3d 865, 874 (9th Cir. 2007).
green
NEVADA STATE EDUC. ASS'N VS. CLARK CTY. EDUC. ASS'N (2021)
Motors Acceptance Corp., 494 F.3d 865, 876 (9th Cir. 2007) (noting that duplicative remedies "add[ 1 unnecessary complexity to the law" (internal quotation marks omitted)). 9The federal cases cited by Appellants are distinguishable on this ground.
noting that duplicative remedies "add[ 1 unnecessary complexity to the law" (internal quotation marks omitted)
green
Peri & Sons Farms, Inc. v. Jain Irrigation, Inc. (2013)
Id. at 38; see e.g., Giles, 494 F.3d at 881 (“[T]he existence of the special relationship is a factual question .... ”).
“[T]he existence of the special relationship is a factual question .... ”
green
State of Nevada, Department of Employment Training and Rehabilitation ex. rel. Chagolla v. Lyft, Inc. (2025)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007).
green
Christensen v. Findlay ARN, LLC (2025)
Motors 21 Acceptance Corp., 494 F.3d 865, 872 (9th Cir.2007) (quotation omitted).
green
The R.J. Armstrong Living Trust v. Holmes (2025)
Motors Acceptance 26 Corp., 494 F.3d 865, 872 (9th Cir. 2007) (federal courts confronting a state law 27 issue without binding precedent may use persuasive cases from other 28 jurisdictions).
federal courts confronting a state law 27 issue without binding precedent may use persuasive cases from other 28 jurisdictions
green
Ramos-Quirarte v. Omandac (2025)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007). 24 The Court finds, by applying the framework established by the Nevada Supreme Court in 25 1 Indeed, the Court is foreclosed from applying the statute of limitations period for medical malpractice to a 26 claim under the Nevada constitution.
green
Bai v. Johnson (2025)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th 19 Cir. 2007).
green
May v. First Rate Excavate, Inc. (2025)
Motors Acceptance Corp., 494 F.3d 865, 874 (9th Cir. 2007) (“When applied in cases outside the product liability context, the doctrine has produced difficulty and confusion.”). ________________________ (. . . continued) 699 N.W.2d at 171–72.
“When applied in cases outside the product liability context, the doctrine has produced difficulty and confusion.”
green
White v. TK Elevator Corporation (2025)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th 12 Cir. 2007). 13 Although the Nevada Supreme Court has not stated whether elevators are 14 products, it has “long recognized that the doctrine of strict products liability in 15 tort is governed by the Restatement (Second) of Torts § 402A.” See Schueler v. Ad 16 Art, Inc., 472 P.3d 686 , 691 (Nev.
green
Li v. Amazon.com Services LLC (2024)
Motors 3 Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007)).
green
Great West Capital, LLC v. Payne (2024)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007) (citation omitted).
citation omitted
green
Manansingh v. United States of America (2024)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007) (internal quotation 19 marks omitted).
internal quotation 19 marks omitted
green
Alexander v. Chadwick (2024)
Motors Acceptance Corp., 494 F.3d 865, 879 (9th Cir. 2007) (“As a general matter, the 23 economic loss doctrine bars actions in tort where an allegedly breached duty arises from failure 24 to perform contractual obligations.”) (collecting Supreme Court of Nevada cases).
“As a general matter, the 23 economic loss doctrine bars actions in tort where an allegedly breached duty arises from failure 24 to perform contractual obligations.”
green
McDonald v. Navy Federal Financial Group, LLC (2023)
Motors 11 Acceptance Corp., 494 F.3d 865, 880-81 (9th Cir. 2007) (quoting Hoopes v. Hammargren, 102 Nev. 12 425, 431 (1986) (internal citations omitted).
quoting Hoopes v. Hammargren, 102 Nev. 12 425, 431 (1986) (internal citations omitted
green
Holder v. Bacus Foods Corporation (2023)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th 13 Cir. 2007) (citation omitted).
citation omitted
green
Creasman v. Farmers Casualty Insurance Company (2023)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007)).
green
Manley v. MGM Resorts International (2023)
Motors Acceptance Corp., 494 F.3d 865, 877-78 (9th Cir. 2007)).
Motors Acceptance 25 Corp., 494 F.3d 865, 872 (9th Cir. 2007).
green
Mehta v. Victoria Partners (2023)
Motors Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007).
green
LOBSTER 207 LLC v. PETTEGROW (2022)
Me. 2014) (quoting Giles v. General Motors Acceptance Corp., 494 F.3d 865, 876 (9th Cir. 2007) (citing All–Tech Telecom, Inc. v. Amway Corp., 174 F.3d 862 , 865–66 (7th Cir. 1999) (“Where there are well-developed contractual remedies . . . there is no need to provide tort remedies for misrepresentation”))).9 Based on the economic loss doctrine, I conclude that the customer list scheme and the lobster crate scheme are not actionable as tort claims.
citing All–Tech Telecom, Inc. v. Amway Corp., 174 F.3d 862 , 865–66 (7th Cir. 1999) (“Where there are well-developed contractual remedies . . . there is no need to provide tort remedies for misrepresentation”)
green
Franssen Condominium Association of Apartment Owners v. Aetna Casualty and Surety Company of Illinois (2022)
Motors Acceptance Corp., 494 F.3d 865, 872 (9th Cir. 2007) (“Where 2 the state’s highest court has not decided an issue, the task of the federal courts is to predict how 3 the state high court would resolve it.” (citation omitted)).
“Where 2 the state’s highest court has not decided an issue, the task of the federal courts is to predict how 3 the state high court would resolve it.” (citation omitted)
green
Smallman v. MGM Resorts International (2022)
Motors 7 Acceptance Corp., 494 F.3d 865, 879 (9th Cir. 2007) (citing Nevada cases).
citing Nevada cases
green
Vanguard Dealer Services, LLC v. Cervantes (2022)
Ass’n, 21 979 P.2d 1286, 1287 (Nev. 1999) (noting that a fiduciary relationship “exists when one has the right to expect trust and confidence in the integrity and fidelity of another”); Giles v. Gen. 22 Motors Acceptance Corp., 494 F.3d 865, 881 (9th Cir. 2007) (finding that, to prove the existence of a special relationship under Nevada law, “a party must show that (1) the conditions would 23 cause a reasonable person to impart special confidence and (2) the trusted party re…
finding that, to prove the existence of a special relationship under Nevada law, “a party must show that (1) the conditions would 23 cause a reasonable person to impart special confidence and (2) the trusted party reasonably should have known of that confidence.”
green
COHEN v. SUBARU CORPORATION (2022)
Motors Acceptance Corp., 494 F.3d 865, 879 (9th Cir. 2007) (collecting cases).
collecting cases
The rule is intended to “prevent[] 23 the law of contract and the law of tort from dissolving into one another.” Robinson 24 Helicopter Co., Inc. v. Dana Corp., 34 Cal. 4th 979, 988 (2004); see also Giles v. General 25 Motors Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007) (“’[T]he doctrine is intended 26 to maintain traditional limits on manufacturers’ liability provided by the law of warranty, 27 except in cases of physical injury to persons or property.”). 28 1 For th…
“’[T]he doctrine is intended 26 to maintain traditional limits on manufacturers’ liability provided by the law of warranty, 27 except in cases of physical injury to persons or property.”
green
Nevada Power Company v. Trench France, S.A.S. (2020)
Motors Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007) (analyzing 21 Nevada’s economic-loss rule). 22 23 Terracon Consultants W., Inc. v. Mandalay Resort Grp., 206 P.3d 81, 83 (Nev. 2009). 24 Giles, 494 F.3d at 873 . 23 25 Local Joint Exec.
analyzing 21 Nevada’s economic-loss rule
Motors Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007)).
green
Aguirre Guerra v. Dematic Corp. (2020)
Motors Acceptance Corp., 18 494 F.3d 865, 872 (9th Cir. 2007).) 19 To best effectuate the legislative intent, Nevada Courts interpret statutes according 20 to their plain and ordinary meaning.
green
Israyelyan Vs. Chavez (2020)
Motors Acceptance Corp., 494 F.3d 865, 880-81 (9th Cir. 2007) (applying Nevada law)).
applying Nevada law
green
Guardado v. Ford Motor Company (2020)
Cal. 2015) (quoting Giles v. General Motors 23 Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007)).
green
Beard v. International Business Machines Corporation (2020)
Giles v. 7 General Motors Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007).
green
Albert's Organics, Inc. v. Holzman (2020)
Motors Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 10 2007) (“The economic loss doctrine provides that certain economic losses are properly 11 remediable only in contract.”). 12 Here, plaintiff’s breach of duty of loyalty claim is a based on a breach of fiduciary 13 duty and plaintiff does not allege the duty arose by contractual obligation.
“The economic loss doctrine provides that certain economic losses are properly 11 remediable only in contract.”
green
H&H Pharmaceuticals, LLC v. Chattem Chemicals, Inc. (2020)
Motors Acceptance 15 Corp., 494 F.3d 865, 881 (9th Cir. 2007).
See Robinson Helicopter, 34 Cal. 4th at 988 (“Quite simply, the economic loss rule “prevent[s] the law of contract and the law of tort from dissolving one into the other.”) (citations omitted); see_also Giles v. General Motors Acceptance Corp., 494 F.3d 865, 873 (9th Cir. 2007) (“Broadly speaking, the economic loss doctrine 1s designed to maintain a distinction between damage remedies for breach of contract and for tort.”).
“Broadly speaking, the economic loss doctrine 1s designed to maintain a distinction between damage remedies for breach of contract and for tort.”
green
Jacobson v. Contra Costa County (2019)
Giles v. General Motors Acceptance Corp., 13 494 F.3d 865, 872 (9th Cir. 2007).
green
Hunter v. Wells Fargo Bank (2019)
Motors Acceptance Corp., 494 F.3d 865, 882 (9th Cir. 27 2007) (holding that, as a matter of law, a fiduciary relationship presumptively does not exist 1 breach of fiduciary, it fails as a matter of law. 2 C.
green
Toranto v. Jaffurs (2019)
It is sufficient that “the claimed factual dispute be shown to require a jury or judge 13 to resolve the parties’ differing versions of the truth at trial.” First Nat’l Bank of Ariz. V. 14 Cities Service Co., 391 U.S. 253, 289-90 (1968)); Giles v. General Motors Acceptance 15 Corp., 494 F.3d 865, 872 (9th Cir. 2007).
green
Leftenant v. Blackmon (2019)
Motors Acceptance 17 Corp., 494 F.3d 865, 880-81 (9th Cir. 2007).
green
VFS Leasing Company v. Silverado Stages Incorporated (2019)
Motors Acceptance Corp., 494 F.3d 865, 880 (9th 4 Cir. 2007) (Nevada economic loss doctrine did not bar claims for fraud); Jes Solar Co., 5 Ltd. v. Matinee Energy, Inc., No. 12-CV-626-TUC-DCB, 2015 WL 10943562 , at *4-5 (D. 6 Ariz. Nov. 2, 2015) (declining to apply economic loss rule to fraudulent misrepresentation 7 claim). 8 Despite these authorities, the Galushas contend that the economic loss rule requires 9 dismissal of Plaintiffs’ fraud claim.
Nevada economic loss doctrine did not bar claims for fraud
green
Kayser v. McClary (2012)
Motors Acceptance Corp., 494 F.3d 865, 875-76 (9th Cir.2007) (citing and quoting Grynberg v. Questar Pipeline Co., 70 P.3d 1, 11 (Utah 2003) (“[Tjorts such as fraud and conversion exist to remedy purely economic losses.”) (emphasis added); United Int’l Holdings, Inc. v. Wharf (Holdings) Ltd., 210 F.3d 1207 , 1226 (10th Cir.2000) (refusing to apply Economic Loss Doctrine because, under Colorado law, “the economic loss rule applies only to tort claims based on negligence, and …
“[Tjorts such as fraud and conversion exist to remedy purely economic losses.”