So would the cases in the other states be the grounds for the cases in NJ? If somebody says in the case:
it states that defendants contended:
5 Defendants' third contention is that the plaintiffs failed to allege any intention to deceive. While we agree that plaintiffs' allegations as to scienter are less than ideal, in light of the fact that allegations are only required to inform the defendants of the nature of the claim (Ill. Rev. Stat. 1979, ch. 110, par. 42(2)), we conclude that the contention that the defendants acted intentionally and with reckless disregard of the truth is sufficient. A party is considered to intend the necessary consequences of his own acts. (Posner v. Davis (1979), 76 Ill. App.3d 638, 395 N.E.2d 133.) Accordingly, one who knowingly makes a false statement to another who relies thereon is guilty of fraud regardless of the defendant's motive and the plaintiff is not required to prove an express fraudulent intent. (Case v. Ayers (1872), 65 Ill. 142; Broberg v. Mann (1965), 66 Ill. App.2d 134, 213 N.E.2d 89; John V. Farrell Co. v. Nathanson (1900), 99 Ill. App. 185.) And knowledge of wrongdoing sufficient to support an action for fraud exists where representations which are in fact false are made in reckless disregard of their truth or falsity. (Hurley v. Frontier Ford Motors, Inc. (1973), 12 Ill. App.3d 905, 299 N.E.2d 387, appeal denied (1973), 54 Ill.2d 597; Solazzi v. Casola (1952), 345 Ill. App. 407, 103 N.E.2d 164 (abstract); Tone v. Halsey, Stuart & Co., Inc. (1936), 286 Ill. App. 169, 3 N.E.2d 142; Snively v. Meixsell (1901), 97 Ill. App. 365.) Likewise statements made in culpable ignorance of their truth or falsity are fraudulent. (Oltmer v. Zamora (1981), 94 Ill. App.3d 651, 418 N.E.2d 506.) Indeed, it has been held that good faith is no defense where the fraud and deceit practiced consist, as here, of making false statements of fact as to the knowledge of the speaker. (Brennan v. Persselli (1932), 266 Ill. App. 441, aff'd (1933), 353 Ill. 630, 187 N.E. 820; National Bank v. Hamilton (1916), 202 Ill. App. 516.) As the Illinois Supreme Court remarked in Brennan v. Persselli (1933), 353 Ill. 630, 635, 187 N.E. 820, 822: "it is immaterial whether a party misrepresenting a material fact knows it to be false or makes the assertion of the fact without knowing it to be true, for the affirmation of what one does not know to be true is unjustifiable, and if another act upon the faith of it, he who induced the action must suffer, and not the other."
I am suing my RE agetn for negligent misrepresentation - they stated to me that the tenants who they recomneded are good from income and credit verification - and yet they duid not verify niether. They wanted me to rent to the tenants to make their 1 month rent fee. I did solely based on their material fact misrepresentation and i want to insert that in my compkaint - do you think it applies? Its from Illinoise?