Editor: David Reiss
Brooklyn Law School

November 22, 2013

United States District Court Dismisses Plaintiff’s Intentional Misrepresentation and Negligent Misrepresentation Claims

By Ebube Okoli

The court in Hoffman v. Goldman, Sachs & Co., 2013 U.S. Dist. LEXIS 155092, 2013 WL 5797623 (D. Nev. Oct. 28, 2013) dismissed both of the plaintiff’s intentional misrepresentation and negligent misrepresentation claims.

Plaintiffs asserted two claims in their complaint: intentional misrepresentation and negligent misrepresentation. In regards to the first claim, the court found that the plaintiffs’ claim for the misrepresentation failed because it was not pled with specificity as required by Rule 9(b). Nowhere in the complaint did plaintiffs allege who made the fraudulent statements, when the statements were made, or where they were made.

Plaintiffs failed to allege the specific content of the fraudulent statements—their allegations include only broad generalizations. Plaintiffs also failed to identify precisely what reliance they placed on the “misrepresentations” such that plaintiffs are entitled to damages or equitable relief.

Lastly, the court found that the plaintiffs also nakedly assert a claim for “negligent misrepresentation,” and that the claim suffered from the same deficiencies as the first claim.

| Permalink