DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063694P.pdf 02/22/2008 Vernon Schaff v. Residential Funding
U.S. Court of Appeals Case No: 06-3694
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Colloton, Author, with Wollman and Beam, Circuit Judges]
Civil Case - fraud. Dismissal of common law fraud claims for failure to
plead sufficient causal nexus between injury and allegedly fraudulent
lenders' certificates is affirmed. The Minnesota Consumer Fraud Act
requires investor to plead and prove that the loss was foreseeable and
caused by the materialization of the concealed risk, and the complaint did
not sufficiently allege proximate causation. Aiding and abetting claim
was also not sufficiently pled to show proximate cause of losses. Unjust
enrichment claim does not survive without a valid fraud claim.