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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McGee v. Erie Insurance Company (2018)

Citation
McGee v. Erie Insurance Company (2018)
Parent Document
McGee v. Erie Insurance Company (2018)
Effective Date
2018-09-28

Other Sections in This Document (237)

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  Ms. McGee’s fraudulent misrepresentation claims are legally insufficient because she only
alleges that the Church lied in the Lease about its willingness to pay for repairs. Am. Compl. ¶
21. Under District of Columbia law, a fraudulent inducement claim cannot rest on
misrepresentations in the contract itself. Fuentes-Fernandez & Co., PSC v. Corvus Grp., Inc.,
174 F. Supp. 3d 378, 394 (D.D.C. 2016).
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  Although there can be no waiver of the implied warranty of habitability in residential leases,
George Wash. Univ. v. Weintraub, 458 A.2d 43, 47 (D.C. 1983), this is a commercial lease. No
such warranty exists in commercial leases. Pinzon v. A & G Props., 874 A.2d 347, 352 (D.C.
2005).
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tort context. Ms. McGee’s own citations make this clear. Carleton, 901 A.2d at 181 (“Courts do