Reposted by Roundtrip
RIP Don Iwerks, "an innovator whose work brought The Disney Company to new technological heights, aiding in perfecting the sodium vapor process used in Mary Poppins, developing the 360-degree Circle-Vision camera and implementing the projection system for the fan-favorite Star Tours attraction."
![U.S. at 617. Fraud has “exacting” requirements in order “to provide sufficient breathing room for
protected speech,” so a “[f]alse statement alone” cannot trigger liability. Id. at 620.
Plaintiffs’ lawsuit simply misunderstands fraud. Fraud is “[a] knowing misrepresentation or knowing concealment of a material fact made to induce another to act to his or her detriment.” Fraud, Black’s Law Dictionary (12th ed. 2024). Fraud requires not just a false statement, but one made by the defendant in the context of persuading the plaintiff to “part[] with money, or property of value in reliance upon the defendant’s representations.” William L. Prosser, Handbook of the Law of Torts § 105, at 684 (4th ed. 1971); see Alvarez, 567 U.S. at 722–23 (distinguishing false statements generally from fraud, which is designed to “secure moneys or other valuable considerations, [like] offers of employment”). The classic example of fraud is a crooked used-car salesman rolling back an odometer. See Restatement (Second) of Torts § 525, cmt.b, illus. 1.
Plaintiffs allege no representations by Selzer for the purpose of inducing them into a transaction. Instead, Plaintiffs skip (several) steps. They allege Selzer made false statements and tack on conclusory allegations that Plaintiffs later “relied on” and were “damaged” by the statements. Even accepting such unspecific allegations as true, that’s not fraud. There is no transactional nexus between the parties and no purpose by Selzer to induce Plaintiffs into doing anything. Being wrong (even intentionally) does not become fraud when someone listens and acts.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:7r477jd7q7p2mzmyqfm7jmp7/bafkreifpk72odnoe6p7mrveg6uc4vexmqlymi5fhooz3sbdypvqxaau26q)
