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11 Alabama opinions name it 2 courts 1993–2017 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Cato v. Lowder Realty Co.green2 sentences2002Fraud Claim The elements of a fraud claim under Alabama law are: *105 "(a) that the defendant made a false representation concerning a material fact; (b) `which (1) the defendant [either] knew was false when made, or (2) was made recklessly and without regard to its truth or falsity, or (3) was made by telling [the] plaintiff that [the] defendant had knowledge that the representation was true while not having such knowledge'; (c) which the plaintiff [reasonably] relied upon; and (d) `damage to the plaintiff proximately resulting from his reliance.'" Ex parte Household Retail Servs., Inc., 744 2002Fraud Claim The elements of a fraud claim under Alabama law are: *Page 105 "(a) that the defendant made a false representation concerning a material fact; (b) `which (1) the defendant [either] knew was false when made, or (2) was made recklessly and without regard to its truth or falsity, or (3) was made by telling [the] plaintiff that [the] defendant had knowledge that the representation was true while not having such knowledge'; (c) which the plaintiff [reasonably] relied upon; and (d) `damage to the plaintiff proximately resulting from his reliance.'" Ex parte Household Retail Servs., Inc . | 2 | 2 |
Foremost Ins. Co. v. Parhamgreen2 sentences2009App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App. 2002). 2009As such, the Trial Court erred in dismissing the Board’s claims of fraud under the correct standard of review.” In support of its argument, the Board quotes a statement from Cooley v. Gulf Bank, Inc., 773 So.2d 1039, 1043 (Ala.Civ.App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App.2002). | 1 | 4 |
Brushwitz v. Ezellgreen2 sentences2009App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App. 2002). 2009As such, the Trial Court erred in dismissing the Board’s claims of fraud under the correct standard of review.” In support of its argument, the Board quotes a statement from Cooley v. Gulf Bank, Inc., 773 So.2d 1039, 1043 (Ala.Civ.App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App.2002). | 1 | 3 |
Ramsay Health Care, Inc. v. Follmergreen2 sentences1998Ala. Code 1975, § 6-5-101; Ramsay Health Care, Inc. v. Follmer, 560 So.2d 746, 749 (Ala.1990)." [2] McGarry v. Flournoy, 624 So.2d 1359 (Ala. 1993). 1995Ramsay Health Care, Inc. v. Follmer, 560 So.2d 746 (Ala.1990). | 1 | 3 |
Cooley v. Gulf Bank, Inc.green1 sentence2009As such, the Trial Court erred in dismissing the Board’s claims of fraud under the correct standard of review.” In support of its argument, the Board quotes a statement from Cooley v. Gulf Bank, Inc., 773 So.2d 1039, 1043 (Ala.Civ.App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App.2002). | 1 | 1 |
Carter v. Liberty Nat. Life Ins. Co.green2 sentences2009App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App. 2002). 2009As such, the Trial Court erred in dismissing the Board’s claims of fraud under the correct standard of review.” In support of its argument, the Board quotes a statement from Cooley v. Gulf Bank, Inc., 773 So.2d 1039, 1043 (Ala.Civ.App.1999), listing the elements of a fraud claim, and cites pages in three other cases where those elements are also listed, namely Brushwitz v. Ezell, 757 So.2d 423, 429 (Ala.2000); Foremost Insurance Co. v. Parham, 693 So.2d 409, 422 (Ala.1997); and Carter v. Liberty National Life Insurance Co., 849 So.2d 977, 981 (Ala.Civ.App.2002). | 1 | 1 |
Ex Parte Household Retail Services, Inc.green2 sentences2002Fraud Claim The elements of a fraud claim under Alabama law are: *105 "(a) that the defendant made a false representation concerning a material fact; (b) `which (1) the defendant [either] knew was false when made, or (2) was made recklessly and without regard to its truth or falsity, or (3) was made by telling [the] plaintiff that [the] defendant had knowledge that the representation was true while not having such knowledge'; (c) which the plaintiff [reasonably] relied upon; and (d) `damage to the plaintiff proximately resulting from his reliance.'" Ex parte Household Retail Servs., Inc., 744 2002Fraud Claim The elements of a fraud claim under Alabama law are: *Page 105 "(a) that the defendant made a false representation concerning a material fact; (b) `which (1) the defendant [either] knew was false when made, or (2) was made recklessly and without regard to its truth or falsity, or (3) was made by telling [the] plaintiff that [the] defendant had knowledge that the representation was true while not having such knowledge'; (c) which the plaintiff [reasonably] relied upon; and (d) `damage to the plaintiff proximately resulting from his reliance.'" Ex parte Household Retail Servs., Inc . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McGarry v. Flournoy
green
2 sentences1998Ala. Code 1975, § 6-5-101; Ramsay Health Care, Inc. v. Follmer, 560 So.2d 746, 749 (Ala.1990)." [2] McGarry v. Flournoy, 624 So.2d 1359 (Ala. 1993). 1994The elements of a fraud claim are: (1) a misrepresentation of a material fact; (2) made willfully to deceive or recklessly without knowledge; (3) which was justifiably relied upon by the plaintiff under the circumstances; and (4) which caused damage as a proximate consequence. § 6-5-101 , Ala. Code 1975; McGarry v. Flournoy , 624 So.2d 1359 (Ala. 1993). | 2 | 1994–1998 |
Harmon v. Motors Ins. Corp.
green
1 sentence2017In its brief to this Court, Aliant quotes Harmon v. Motors Insurance Corp. , 493 So.2d 1370 , 1373 (Ala. 1986), in which this Court recited the elements of a fraud claim: "(1) a false representation; "(2) concerning a material fact; "(3) reliance upon the false representation, and; "(4) damage as a proximate result." Aliant then proceeds to detail the evidence it submitted to the trial court indicating that the invoices submitted by Four Star Investments, Twelve Oaks Properties, and B & B Construction contain false representations *924 concerning material facts before concluding that Aliant wa | 1 | 2017–2017 |
Hickox v. Stover
red
2 sentences2002In Household Retail Services, the Court applied the "justifiable-reliance standard" established in Hickox v. Stover, 551 So.2d 259 (Ala.1989), overruled, Foremost Insurance Co. v. Parham, 693 So.2d 409 (Ala.1997), because the action was filed before the Court returned to the "reasonable-reliance standard" in fraud cases in Foremost. 2002In Household Retail Services , the Court applied the "justifiable-reliance standard" established in Hickox v. Stover , 551 So.2d 259 (Ala. 1989), overruled, Foremost Insurance Co. v. Parham , 693 So.2d 409 (Ala. 1997), because the action was filed before the Court returned to the "reasonable-reliance standard" in fraud cases in Foremost . | 1 | 2002–2002 |
Carter v. Innisfree Hotel, Inc.
green
1 sentence2001Carter v. Innisfree Hotel, Inc., 661 So.2d 1174 (Ala.1995). | 1 | 2001–2001 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.