BROWN V. STRUM
350 F.Supp.2d 346 (2004)
NATURE OF THE CASE: Brown (P) sued Strum (D) alleging claims for fraud and infliction of
emotional distress after the termination of their two-month romantic relationship. D moved
to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
FACTS: P and D used an online dating service. P viewed D's online profile, which
indicated that D was divorced, and then answered his email. Over the phone, D again, in
answer to a question from P, represented that he was divorced and looking to remarry and
have more children. They dated and eventually they went to Puerto Rico together. They saw
each other several times over the next few weeks, and 'engaged in sexual relations on most
occasions.' D 'kept reinforcing the belief that he was divorced and interested in marrying
her.' 'On at least one occasion D took P to look at homes to purchase together [to] be the
marital residence.' Eventually, P must have found out the truth and then sued D for
intentional infliction of emotional distress.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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