Legal Opinion

General Electric Capital Corp. v. Posey

Court of Appeals for the Fifth Circuit

Decided June 29, 2005No. 04-10251PublishedCited by 31 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:'

General Electric Capital Corporation (“GECC”) appeals the dismissal of its negligent misrepresentation claim against several former directors and officers of Promedco Management Company (“Pro-medco”). Because GECC’s complaint pleads sufficient allegations to state a claim upon which relief can be granted, we reverse and remand.

I

GECC’s original complaint alleged that in June 2000 it was induced to lend Pro-medco $20 million. According to GECC, in deciding to enter into the credit agreement, it relied on Promedco’s representations about its financial condition.…

2Cases cited9 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  3. Brehm v. EisnerSupreme Court of Delaware · 2000
  4. Bombardier Aerospace Employee Welfare Benefits Plan v. Ferrer, Poirot and Wansbrough, Ferrer, Poirot and Wansbrough Steven MestemacherCourt of Appeals for the Fifth Circuit · 2003
  5. Clardy Manufacturing Co. v. Marine Midland Business Loans Inc.Court of Appeals for the Fifth Circuit · 1996

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3Cited by31 opinions

  1. In Re Enron Corporation Securities, DerivativeDistrict Court, S.D. Texas · 2007
  2. City of Raton v. Arkansas River Power AuthorityDistrict Court, D. New Mexico · 2008
  3. Official Committee of Unsecured Creditors of Schlotzsky's, Inc. v. Grant Thornton, L.L.P. (In Re Schlotzsky's, Inc.)United States Bankruptcy Court, W.D. Texas · 2006
  4. Cunningham v. Offshore Specialty Fabrications, Inc.District Court, E.D. Texas · 2008
  5. United States v. Tinghui XieCourt of Appeals for the Fifth Circuit · 2019

26 more not listed; retrieve them via the Exa API.

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