45 Cited authorities

  1. Ziemba v. Cascade Intern., Inc.

    256 F.3d 1194 (11th Cir. 2001)   Cited 751 times   2 Legal Analyses
    Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"
  2. Magluta v. Samples

    256 F.3d 1282 (11th Cir. 2001)   Cited 527 times
    Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs
  3. Moorman Mfg. Co. v. National Tank Co.

    91 Ill. 2d 69 (Ill. 1982)   Cited 857 times   1 Legal Analyses
    Holding that, in Illinois, a product-liability plaintiff cannot recover economic losses under a negligence theory
  4. Sharyland Water Supply Corp. v. City of Alton

    55 Tex. Sup. Ct. J. 46 (Tex. 2011)   Cited 291 times   3 Legal Analyses
    Holding that, under Reata , immunity from suit applies even to a counterclaim for attorney’s fees unless the fees can serve as an offset against the government’s monetary recovery
  5. Daanen Janssen, Inc. v. Cedarapids, Inc.

    216 Wis. 2d 395 (Wis. 1998)   Cited 162 times   1 Legal Analyses
    Concluding that lack of a direct two-party contract does not affect these policies with respect to commercial parties
  6. Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C.

    929 N.E.2d 722 (Ind. 2010)   Cited 100 times   1 Legal Analyses
    Holding that the economic loss doctrine generally applied to a contract for design and inspection services on a construction project, but stating that the rule "is a general rule that admits of exceptions for contracts for services in appropriate circumstances" such as, possibly, legal malpractice, breach of fiduciary duty, breach of an insurer's duty to settle a claim, or negligent misstatement
  7. Sterling Chemical v. Texaco

    259 S.W.3d 793 (Tex. App. 2007)   Cited 91 times
    Holding independent injury rule precluded recovery under negligent misrepresentation because appellant only sought benefit-of-the-bargain damages, which were recoverable under breach-of-contract claim
  8. Sierra Equity Group, Inc. v. White Oak Equity Partners

    650 F. Supp. 2d 1213 (S.D. Fla. 2009)   Cited 73 times
    Recognizing judicial "discretion to reserve ruling on the jurisdictional issues until a decision on the merits can be rendered," where "it is impossible to decide one without the other"
  9. Messer Griesheim Industries, Inc. v. Cryotech of Kingsport, Inc.

    131 S.W.3d 457 (Tenn. Ct. App. 2003)   Cited 83 times
    Holding that "[t]he economic loss doctrine provides that `[i]n a contract for the sale of goods where the only damages alleged come under the heading of economic losses, the rights and obligation of the buyer and seller are governed exclusively by the contract"
  10. Szajna v. General Motors Corp.

    115 Ill. 2d 294 (Ill. 1986)   Cited 109 times
    Affirming the applicability of "the privity requirement in implied-warranty economic-loss cases."
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,534 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,489 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
  14. Section 671.201 - General definitions

    Fla. Stat. § 671.201   Cited 181 times   4 Legal Analyses
    Codifying U.C.C. § 1-203(b)
  15. Section 810 ILCS 5/1-201 - General Definitions

    810 ILCS 5/1-201   Cited 114 times
    Noting in commentary that price is not required term
  16. Section 2.316 - Exclusion or Modification of Warranties

    Tex. Bus. & Com. Code § 2.316   Cited 96 times
    Stating remedies for breach of warranty "can be limited ... on liquidation or limitation of damages and on contractual modification of remedy"
  17. Section 672.316 - Exclusion or modification of warranties

    Fla. Stat. § 672.316   Cited 64 times
    Explaining that, “to exclude or modify the implied warranty of merchantability or any part of it, the language must mention merchantability and in case of a writing must be conspicuous; and, to exclude or modify any implied warranty of fitness, the exclusion must be by a writing and conspicuous”
  18. Section 810 ILCS 5/2-316 - Exclusion or modification of warranties

    810 ILCS 5/2-316   Cited 59 times
    Allowing for disclaimer of implied warranties
  19. Section 401.201 - General definitions

    Wis. Stat. § 401.201   Cited 60 times
    Defining "knowledge" as "actual knowledge"
  20. Section 26-1-2-316 - Exclusion or modification of warranties

    Ind. Code § 26-1-2-316   Cited 50 times

    (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of IC 26-1-2-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that such construction is unreasonable. (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention