While New York law governs appellant's contract claims, Texas law applies to its fraud, statutory fraud and negligent misrepresentation claims. The fraud and misrepresentation claims should not have been dismissed for inadequate pleading under Federal Rule of Civil Procedure 9(b). The Texas fraud claims are viable, however, not based upon precontractual representations, but only insofar as they are based on representations specified in the parties' contract.
September 01, 2003 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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