fraudulent inducement defense in District of Columbia

2007D.C. 95, 187 F.2d 207, 208 (D.C.Cir.1950)); Wynne v. Boone, 191 F.2d 220, 222 (D.C.Cir.1951) ("the sole source for inference of ... deceit may be the circumstances of the transaction”). 6 .The Lawyers also reminded the court that in her answers to the Lawyers’ interrogatories, Ms. Flax had not specifically identified a fraudulent-inducement claim. 7 .

2007D.C. 95, 187 F.2d 207, 208 (D.C.Cir.1950)); Wynne v. Boone, 191 F.2d 220, 222 (D.C.Cir.1951) ("the sole source for inference of ... deceit may be the circumstances of the transaction”). 6 .The Lawyers also reminded the court that in her answers to the Lawyers’ interrogatories, Ms. Flax had not specifically identified a fraudulent-inducement claim. 7 .

1994See generally Easter Seal Soc’y for Disabled Children v. Berry, 627 A.2d 482, 488-89 (D.C.1993) (there is a presumptive rule that this court will not consider questions raised for the first time on appeal); Adams v. A.B. & A., Inc., 613 A.2d 858, 861 (D.C.1992) (issues not raised by the pleadings may still be adjudicated provided those issues are actually tried by the parties by express or implied consent); see also Washington Welfare Ass’n, Inc. v. Poindexter, 479 A.2d 313, 316 (D.C.1984); Hackes v. Hackes, 446 A.2d 396, 398 (D.C.1982).

1994See generally Easter Seal Soc'y for Disabled Children v. Berry, 627 A.2d 482, 488-89 (D.C.1993) (there is a presumptive rule that this court will not consider questions raised for the first time on appeal); Adams v. A.B. & A., Inc., 613 A.2d 858, 861 (D.C.1992) (issues not raised by the pleadings may still be adjudicated provided those issues are actually tried by the parties by express or implied consent); see also Washington Welfare Ass'n, Inc. v. Poindexter, 479 A.2d 313, 316 (D.C.1984); Hackes v. Hackes, 446 A.2d 396, 398 (D.C.1982).

1994See generally Easter Seal Soc’y for Disabled Children v. Berry, 627 A.2d 482, 488-89 (D.C.1993) (there is a presumptive rule that this court will not consider questions raised for the first time on appeal); Adams v. A.B. & A., Inc., 613 A.2d 858, 861 (D.C.1992) (issues not raised by the pleadings may still be adjudicated provided those issues are actually tried by the parties by express or implied consent); see also Washington Welfare Ass’n, Inc. v. Poindexter, 479 A.2d 313, 316 (D.C.1984); Hackes v. Hackes, 446 A.2d 396, 398 (D.C.1982).

1994See generally Easter Seal Soc'y for Disabled Children v. Berry, 627 A.2d 482, 488-89 (D.C.1993) (there is a presumptive rule that this court will not consider questions raised for the first time on appeal); Adams v. A.B. & A., Inc., 613 A.2d 858, 861 (D.C.1992) (issues not raised by the pleadings may still be adjudicated provided those issues are actually tried by the parties by express or implied consent); see also Washington Welfare Ass'n, Inc. v. Poindexter, 479 A.2d 313, 316 (D.C.1984); Hackes v. Hackes, 446 A.2d 396, 398 (D.C.1982).

1994See generally Easter Seal Soc’y for Disabled Children v. Berry, 627 A.2d 482, 488-89 (D.C.1993) (there is a presumptive rule that this court will not consider questions raised for the first time on appeal); Adams v. A.B. & A., Inc., 613 A.2d 858, 861 (D.C.1992) (issues not raised by the pleadings may still be adjudicated provided those issues are actually tried by the parties by express or implied consent); see also Washington Welfare Ass’n, Inc. v. Poindexter, 479 A.2d 313, 316 (D.C.1984); Hackes v. Hackes, 446 A.2d 396, 398 (D.C.1982).

1994See generally Easter Seal Soc'y for Disabled Children v. Berry, 627 A.2d 482, 488-89 (D.C.1993) (there is a presumptive rule that this court will not consider questions raised for the first time on appeal); Adams v. A.B. & A., Inc., 613 A.2d 858, 861 (D.C.1992) (issues not raised by the pleadings may still be adjudicated provided those issues are actually tried by the parties by express or implied consent); see also Washington Welfare Ass'n, Inc. v. Poindexter, 479 A.2d 313, 316 (D.C.1984); Hackes v. Hackes, 446 A.2d 396, 398 (D.C.1982).

1994See generally Easter Seal Soc’y for Disabled Children v. Berry, 627 A.2d 482, 488-89 (D.C.1993) (there is a presumptive rule that this court will not consider questions raised for the first time on appeal); Adams v. A.B. & A., Inc., 613 A.2d 858, 861 (D.C.1992) (issues not raised by the pleadings may still be adjudicated provided those issues are actually tried by the parties by express or implied consent); see also Washington Welfare Ass’n, Inc. v. Poindexter, 479 A.2d 313, 316 (D.C.1984); Hackes v. Hackes, 446 A.2d 396, 398 (D.C.1982).

1994See generally Easter Seal Soc'y for Disabled Children v. Berry, 627 A.2d 482, 488-89 (D.C.1993) (there is a presumptive rule that this court will not consider questions raised for the first time on appeal); Adams v. A.B. & A., Inc., 613 A.2d 858, 861 (D.C.1992) (issues not raised by the pleadings may still be adjudicated provided those issues are actually tried by the parties by express or implied consent); see also Washington Welfare Ass'n, Inc. v. Poindexter, 479 A.2d 313, 316 (D.C.1984); Hackes v. Hackes, 446 A.2d 396, 398 (D.C.1982).

1992See, e.g., Astor Chauffeured Limousine Co., supra note 17, 910 F.2d at 1546-47; Rowe v. Maremont Corp., 850 F.2d 1226, 1233-36 (7th Cir.1988). 22 Nevertheless, because One-O-One is an opinion of the federal court of appeals for this circuit, and because the relevant portion of the opinion applies District of Columbia contract law rather than federal securities law, we must give it respectful consideration.

1992See, e.g., Astor Chauffeured Limousine Co., supra note 17, 910 F.2d at 1546-47; Rowe v. Maremont Corp., 850 F.2d 1226, 1233-36 (7th Cir.1988). [22] Nevertheless, because One-O-One is an opinion of the federal court of appeals for this circuit, and because the relevant portion of the opinion applies District of Columbia contract law rather than federal securities law, we must give it respectful consideration.