Quote:
Originally Posted by Snapolit1
On an admittedly quick read, I'd give that complaint a very small chance of surviving a motion to dismiss.
Fraud is pled in conclusory terms. Basically no particular facts alleged supporting fraud. Must have been fraud because of the defendants' negligence in not realizing what they should have realized. That ain't fraud.
One person's (someone learned) opinion.
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Fraud is just one of 8 separate counts alleged in the Complaint, and if any of those survives a motion to dismiss, which it/they should, the case would continue. Consumer fraud has different requisite elements than common-law fraud, and, at least in Arizona, is easier to establish.
This could be incredibly interesting once discovery gets in full swing.
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If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other. - Ulysses S. Grant, military commander, 18th US President.
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