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9 Ohio opinions name it 1 courts 2006–2025 3 in the last five years
The cases below were cited by Ohio 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 |
|---|---|---|
Niehaus v. Durranigreen1 sentence2025Finally, plaintiff’s counsel used closing argument to tie all the pieces together and exemplify to the jury that plaintiff’s side is correct as Durrani—as a person—is a liar. {¶43} The jury then found in plaintiff’s favor on all claims based on misrepresentations, attributing 50 percent of the damages specifically to the fraudulent-misrepresentation claim and explicitly awarding punitive damages and 19 OHIO FIRST DISTRICT COURT OF APPEALS attorney fees on the basis of misrepresentation. {¶44} In such a situation, “[t]he jury’s assessment of Durrani’s credibility was assuredly impacted by the a | 1 | 1 |
Noble v. Colwellgreen1 sentence2024See Noble v. Colwell, 44 Ohio St.3d 92 (1989); App.R. 4(B)(5). {¶11} In their reply brief, appellants contend that the trial court’s judgment on the motion to dismiss did not determine the entire action as their Fraudulent Misrepresentation claim remained pending; however, the motion to dismiss definitively determined that Appellants could not recover under the contract, affecting a substantial right under R.C. 2505.02. | 1 | 1 |
Davis v. Montenerygreen2 sentences2023Instead, to succeed on a fraudulent misrepresentation claim, a plaintiff must show the statement was “made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred * * *.” (Emphasis added.) Davis v. Montenery, 173 Ohio App.3d 740 , 2007-Ohio-6221 , 880 N.E.2d 488, ¶ 53 (7th Dist.). 2023Instead, to succeed on a fraudulent misrepresentation claim, a plaintiff must show the statement was “made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred * * *.” (Emphasis added.) Davis v. Montenery, 173 Ohio App.3d 740 , 2007-Ohio-6221 , 880 N.E.2d 488, ¶ 53 (7th Dist.). | 1 | 1 |
State v. Martingreen1 sentence2014The discretionary power to grant a new trial should be exercised only in the exceptional case in which the evidence weighs heavily against the [verdict].” Id., quoting State v. Martin, 20 Ohio App.3d 172, 175 (1st Dist.1983). {¶19} Mr. Long’s complaint has been characterized as a fraudulent misrepresentation claim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cardi v. Gump
green
2 sentences2007The elements of a fraudulent misrepresentation claim are: {¶ 40} "(1) a representation, or where there is a duty to disclose, or concealment of a fact, (2) which is material to the transaction at hand, (3) made falsely, with knowledge of its falsity, or with such other disregard and recklessness as to whether it is true or false that knowledge may be inferred, (4) with the intent of misleading another into relying on it, (5) justifiable reliance upon the representation or concealment, and (6) a resulting injury proximately caused by the reliance." Cardi v. Gump (1997), 121 Ohio App.3d 16 , 22 2007The elements of a fraudulent misrepresentation claim are: {¶ 40} "(1) a representation, or where there is a duty to disclose, or concealment of a fact, (2) which is material to the transaction at hand, (3) made falsely, with knowledge of its falsity, or with such other disregard and recklessness as to whether it is true or false that knowledge may be inferred, (4) with the intent of misleading another into relying on it, (5) justifiable reliance upon the representation or concealment, and (6) a resulting injury proximately caused by the reliance." Cardi v. Gump (1997), 121 Ohio App.3d 16 , 22 | 2 | 2006–2007 |
Geriatrics, Inc. v. McGee
green
1 sentence2019No. HHBCV155016441S, 2017 WL 715756 , *9 (Jan. 11, 2017) (concluding that the nursing facility’s fraudulent-misrepresentation claim was properly dismissed because “there [was] no evidence that [the attorney in fact] made any representations at all to the plaintiff prior to [his mother’s] admission to [the nursing facility]”), overruled in part on other grounds, 332 Conn. 1 , ___ A.3d ___ (2019). | 1 | 2019–2019 |
C. E. Morris Co. v. Foley Construction Co.
green
1 sentence2014The discretionary power to grant a new trial should be exercised only in the exceptional case in which the evidence weighs heavily against the [verdict].” Id., quoting State v. Martin, 20 Ohio App.3d 172, 175 (1st Dist.1983). {¶19} Mr. Long’s complaint has been characterized as a fraudulent misrepresentation claim. | 1 | 2014–2014 |
Dresher v. Burt
green
1 sentence2013Id. {¶10} In its motion for summary judgment, Nationwide argued that the claims against it were precluded based upon (1) the terms of the AIG release, (2) res judicata, (3) the failure of the Estate to follow the requirements of R.C. 3929.06, (4) the absence of a duty, an element required to prevail on the fraudulent misrepresentation claim, (5) the non-existence of a settlement agreement between the Estate and Nationwide, (6) the absence of reasonable reliance, an element required to prevail on the promissory estoppel claim, and (7) the absence of a conferred benefit, an element required to p | 1 | 2013–2013 |
Dennison v. Koba
green
1 sentence2009"To recover for fraudulent misrepresentation, a party must show: that there was a representation; or where there was a duty to disclose, concealment of a fact which *Page 5 is material to the transaction; made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred; with the intent of misleading another into relying upon it; justifiable reliance upon the representation or concealment; and a resulting injury proximately caused by the reliance." Id. citing Dennison , 86 Ohio App.3d at 610 . {¶ 14} Here | 1 | 2009–2009 |
Dicillo v. Prindle, Unpublished Decision (5-12-2004)
neutral
1 sentence2009"To recover for fraudulent misrepresentation, a party must show: that there was a representation; or where there was a duty to disclose, concealment of a fact which *Page 5 is material to the transaction; made falsely, with knowledge of its falsity, or with such utter disregard and recklessness as to whether it is true or false that knowledge may be inferred; with the intent of misleading another into relying upon it; justifiable reliance upon the representation or concealment; and a resulting injury proximately caused by the reliance." Id. citing Dennison , 86 Ohio App.3d at 610 . {¶ 14} Here | 1 | 2009–2009 |
State v. Warner
green
2 sentences2007And the duty to disclose arises when one party has information "that the other [party] is entitled to know because of a fiduciary or other similar relation of trust and confidence between them."'" State v. Warner (1990), 55 Ohio St.3d 31 , 54 , 564 N.E.2d 18 , quoting Chiarella v. United States (1980), 445 U.S. 222 , 100 S.Ct. 1108 , 63 L.Ed.2d 348 , quoting Restatement of the Law 2d, Torts (1976), Section 551(2)(a). 2007And the duty to disclose arises when one party has information "that the other [party] is entitled to know because of a fiduciary or other similar relation of trust and confidence between them."'" State v. Warner (1990), 55 Ohio St.3d 31 , 54 , 564 N.E.2d 18 , quoting Chiarella v. United States (1980), 445 U.S. 222 , 100 S.Ct. 1108 , 63 L.Ed.2d 348 , quoting Restatement of the Law 2d, Torts (1976), Section 551(2)(a). | 1 | 2007–2007 |
Chiarella v. United States
green
2 sentences2007And the duty to disclose arises when one party has information "that the other [party] is entitled to know because of a fiduciary or other similar relation of trust and confidence between them."'" State v. Warner (1990), 55 Ohio St.3d 31 , 54 , 564 N.E.2d 18 , quoting Chiarella v. United States (1980), 445 U.S. 222 , 100 S.Ct. 1108 , 63 L.Ed.2d 348 , quoting Restatement of the Law 2d, Torts (1976), Section 551(2)(a). 2007And the duty to disclose arises when one party has information "that the other [party] is entitled to know because of a fiduciary or other similar relation of trust and confidence between them."'" State v. Warner (1990), 55 Ohio St.3d 31 , 54 , 564 N.E.2d 18 , quoting Chiarella v. United States (1980), 445 U.S. 222 , 100 S.Ct. 1108 , 63 L.Ed.2d 348 , quoting Restatement of the Law 2d, Torts (1976), Section 551(2)(a). | 1 | 2007–2007 |
Harless v. Willis Day Warehousing Co.
green
1 sentence2006Id. {¶ 15} In order to prevail on a fraudulent misrepresentation claim, appellants are obligated to establish all of the following elements: "(1) a representation, or where there is a duty to disclose, concealment of a fact, (2) which is material to the transaction at hand, (3) made falsely, with knowledge of its falsity, or with such other disregard and recklessness as to whether it is true or false that knowledge may be inferred, (4) with the intent of misleading another into relying on it, (5) justifiable reliance upon the representation or concealment, and (6) a resulting injury proximatel | 1 | 2006–2006 |
State v. Downs, Unpublished Decision (8-6-2005)
green
1 sentence2006Id. {¶ 15} In order to prevail on a fraudulent misrepresentation claim, appellants are obligated to establish all of the following elements: "(1) a representation, or where there is a duty to disclose, concealment of a fact, (2) which is material to the transaction at hand, (3) made falsely, with knowledge of its falsity, or with such other disregard and recklessness as to whether it is true or false that knowledge may be inferred, (4) with the intent of misleading another into relying on it, (5) justifiable reliance upon the representation or concealment, and (6) a resulting injury proximatel | 1 | 2006–2006 |
Fifth Third Bank v. Cope
green
1 sentence2006Id. {¶ 15} In order to prevail on a fraudulent misrepresentation claim, appellants are obligated to establish all of the following elements: "(1) a representation, or where there is a duty to disclose, concealment of a fact, (2) which is material to the transaction at hand, (3) made falsely, with knowledge of its falsity, or with such other disregard and recklessness as to whether it is true or false that knowledge may be inferred, (4) with the intent of misleading another into relying on it, (5) justifiable reliance upon the representation or concealment, and (6) a resulting injury proximatel | 1 | 2006–2006 |
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.