Topic: the court must make a concerted effort to discern a cause o… · Go Syfert
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Topic #8766

8 canonical passages across 6 cases, quoted by 42 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 Howerton v. Ogletree.

#Case FlagCanonical passage Citers
1 Howerton v. Ogletree Anchor
dcd · 2006
green “the court must make a concerted effort to discern a cause of action from the record presented if an action is in fact discernable.” 6
2 Busby v. Capital One, N.A.
dcd · 2011
green “(1) the defendant owed a duty of care to the plaintiff, (2) the defendant breached its duty, (3) and that breach was the proximate cause of (4) damages sustained by the plaintiff.” 6
3 Osbourne v. Capital City Mortgage Corp.
dc · 1995
green “the note and the trust deed can be considered merely different parts of a single contract.” 5
4 United States v. All Assets Held at Bank Julius Baer & Co.
dcd · 2011
green “do not 'raise a right to relief above the speculative level,' or fail to 'state a claim to relief that is plausible on its face.” 5
5 Busby v. Capital One, N.A.
dcd · 2011
green “(1) a false representation (2) in reference to material fact, (3) made with knowledge of its falsity, (4) with the intent to deceive, and (5) action is taken in reliance upon the representation.” 5
6 Busby v. Capital One, N.A.
dcd · 2011
green “matters such as the time, place and content of the false representations, the misrepresented fact and what the opponent retained or the claimant lost as a consequence of the alleged fraud.” 5
7 Ponder v. Chase Home Finance, LLC
dcd · 2012
green “(1) the defendant negligently communicated false information, (2) the defendant intended or should have recognized that the plaintiff would likely be imperiled by action taken in reliance upon his misrepresentation, and that (3) the plaintiff reasonably relied upon the false inf…” 5
8 Koker v. Aurora Loan Servicing, LLC
cadc · 2013
green “no analysis on the point and simply assumed that she may sue for a violation of the statute” 5

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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