Topic: (1) to specify the allegedly fraudulent statements; (2) to … · Go Syfert
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Topic #2739

13 canonical passages across 11 cases, quoted by 112 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 Republic Bank & Trust Company v. Bear Stearns & Company., Inc..

#Case FlagCanonical passage Citers
1 Republic Bank & Trust Company v. Bear Stearns & Company., Inc. Anchor
ca6 · 2012
green “(1) to specify the allegedly fraudulent statements; (2) to identify the speaker; (3) to plead when and where the statements were made; and (4) to explain what made the statements fraudulent.” 19
2 Freeman Industries, LLC v. Eastman Chemical Co.
tenn · 2005
green “the most significant requirement of an unjust enrichment claim is that the benefit to the defendant be unjust.” 14
3 Whitehaven Community Baptist Church v. Holloway
tenn · 1998
green “unjust enrichment is a quasi-contractual theory or is a contract implied-in-law in which a court may impose a contractual obligation where one does not exist.” 12
4 Tina Marie Hodge v. Chadwick Craig
tenn · 2012
green “intentional misrepresentation,” 11
5 Freeman Industries, LLC v. Eastman Chemical Co.
tenn · 2005
green “acceptance of such benefit under such circumstances that it would be inequitable for him to retain the benefit without payment of the value thereof.” 11
6 Freeman Industries, LLC v. Eastman Chemical Co.
tenn · 2005
green “1) a benefit conferred upon the defendant by the plaintiff; 2) appreciation by the defendant of such benefit; and 3) acceptance of such benefit under such circumstances that it would be inequitable for him to retain the benefit without payment of the value thereof.” 8
7 Traxler v. PPG Industries, Inc.
ohnd · 2016
green “rule 9(b)'s particularity requirement may be relaxed when certain information is solely within the defendant's knowledge.” 7
8 Paschall's, Inc. v. Dozier
tenn · 1966
green “courts will impose a contractual obligation under an unjust enrichment theory when: (1) there is no contract between the parties or a contract has become unenforceable or invalid; and (2) the defendant will be unjustly enriched absent a quasi-contractual obligation.” 6
9 Jaffe v. Bolton
tennctapp · 1991
green “courts will impose a contractual obligation under an unjust enrichment theory when: (1) there is no contract between the parties or a contract has become unenforceable or invalid; and (2) the defendant will be unjustly enriched absent a quasi-contractual obligation.” 6
10 North Port Firefighters' Pension-Local Option Plan v. Fushi Copperweld, Inc.
tnmd · 2013
green “specific allegations as to each defendant's alleged involvement.” 6
11 Peggy L. Smith, Individually and as Trustee of Peggy L. Smith Trust v. Hi-Speed, Inc.
tennctapp · 2016
green “must demonstrate . . . that there is no existing, enforceable contract between the parties covering the same subject matter.” 5
12 D.E. & J Ltd. Partnership v. Conaway
mied · 2003
green “group pleading' . . . fails to meet . . . rule 9(b)'s specificity requirements.” 4
13 Power & Telephone Supply Company, Inc. v. Suntrust Banks, Inc.
ca6 · 2006
green “statements of future intention, opinion, or sales talk are generally not actionable because they do not involve representations of material past or present fact.” 3

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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