· 12/11/2006
Bates v. Northwestern Human Services, Inc.
Citations
- 466 F. Supp. 2d 69
- 2006 U.S. Dist. LEXIS 88895
- 2006 WL 3590049
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that allegations that the defendants “ma[de] it impossible for the plaintiffs to determine what funds were received, spent, and remain” were sufficient to state a claim for accounting (alteration omitted)
- examining in detail the representative payee provisions of the Social Security Act and concluding that they do not provide beneficiaries with a cause of action against their representative payees
- noting Rule 9(b)’s requirement for complaint to specify “what fraudulent statements were made and in what context, . . . and the manner in which the statements were misleading”
- dismissing plaintiffs’ section 1983 claims based on representative payees’ alleged misappropriation of Social Security benefits where plaintiffs failed to cogently allege how the representative payees were acting under color of law
- analyzing a money had and received claim as if one for unjust enrichment
- “Requiring the three defendants to guess amongst themselves which one is responsible for the instances of mail and wire fraud alleged by the plaintiffs is surely not in keeping with the purposes of Rule 9(b).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Walton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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