Civil Procedure Keyed to Friedenthalback
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Paul, a New York citizen, purchased a lakeside home in Lake Tahoe, Nevada, from Dave. Paul asked Dave if Dave was sure that the land on which the home is situated was geologically sound. Dave (aware that there was a major fault under the home) nevertheless responded to Paul’s question that he was sure. Two months after Paul occupied the house, it collapsed. Paul brings an action for fraud against Dave in the appropriate U.S. District Court. The complaint alleges that “Dave fraudulently induced the plaintiff to enter into the purchase agreement for the house and land.” Dave moved for a more definite statement under FRCP 12(e).
Is a more definite statement required?Grading can be reviewed and adjusted.Grading can be reviewed and adjusted.