American Realty Trust, Inc. v. Travelers Casualty & Surety Co. of America

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding a “a claim on a written contract must either (1) quote relevant contractual language; (2) include a copy of the contract as an attachment; or (3) summarize the contract’s purported legal effect”
• dismissing complaint that neither attached nor referenced disputed contract; finding complaint did not give “adequate notice as to the nature and scope of the breach of contract claim”
• thoroughly reviewing Fifth Circuit precedent and concluding that negligent misrepresentation is only subject to Rule 9(b) in limited circumstances
• “[W]hen it would be necessary to engage in line-byline redaction in order to excise inadequate averments of fraud from accompanying claims of negligent misrepresentation, several factors counsel in favor of dismissal.”
• “Rule 9(b) operates to require dismissal of a negligent misrepresentation claim only when (1) a plaintiff waives arguments to the contrary or (2) the inadequate fraud claim is so intertwined with the negligent misrepresentation 1 The elements of civil theft are: “(1

Source: CourtListener parenthetical corpus (CC0).