Topic: a complaint stating a claim under the consumer fraud act mu… · Go Syfert
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Topic #23268

6 canonical passages across 4 cases, quoted by 18 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Demitro v. General Motors Acceptance Corp..

#Case FlagCanonical passage Citers
1 Demitro v. General Motors Acceptance Corp. Anchor
illappct · 2009
green “a complaint stating a claim under the consumer fraud act must state with particularity and specificity the deceptive unfair manner of defendant's acts or practices, and the failure to make such averments requires the dismissal of the complaint.” 5
2 Yu v. International Business MacHines Corp.
illappct · 2000
green “none of these factors can be determined with any kind of certainty and, therefore, the amount of damages, if any, sustained by plaintiffs is wholly speculative.” 3
3 Matanky Realty Group, Inc. v. Katris
illappct · 2006
green “no absolute right exists for a plaintiff to amend a pleading. the decision whether to grant or deny an amendment rests within the sound discretion of the trial court and will not be disturbed absent an abuse of that discretion.” 3
4 Matanky Realty Group, Inc. v. Katris
illappct · 2006
green “where no exercise of that discretion was requested because the record demonstrates that plaintiff never sought leave to amend its complaint” 3
5 White v. DaimlerChrysler Corp.
illappct · 2006
green “to state a claim under the consumer fraud act, a complaint must set forth specific facts showing: (1) a deceptive act or practice by the defendant; (2) the defendant's intent that the plaintiff rely on the deception; (3) the deception occurred in the course of trade or commerce;…” 3
6 White v. DaimlerChrysler Corp.
illappct · 2006
green “plaintiff's reliance is not an element of statutory consumer fraud.” 1

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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