· 8/18/2011
Central Mortgage Co. v. Morgan Stanley Mortgage Capital Holdings LLC
Citations
- 27 A.3d 531
- 2011 Del. LEXIS 439
- 2011 WL 3612992
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that courts must “accept even vague allegations in the Complaint as ‘well-pleaded’ if they provide the defendant notice of the claim”
- holding that the existence of a general statement that plaintiff met conditions precedent was sufficient to avoid dismissal
- perceiving that the Court of Chancery had moved to adopt recent federal decisional law such as Twombly and Iqbal
- holding that a breach of contract complaint provided fair notice to defendant because “the Complaint also alleges, and it bears notation, that on 47 separate occasions, [Defendant] in fact repurchased loans,” which properly identifies the alleged breach under the Agreement
- stating that as a general matter “the lower ‘reasonable conceivability’ threshold continues to apply [to motions to dismiss] in Delaware state courts”
- stating that, in the motion to dismiss context, the Court should “not [dismiss a claim] unless the plaintiff would not be entitled to recover under any reasonably conceivable set of circumstances”
Source: CourtListener parenthetical corpus (CC0).
Judges: Steele, Holland, Berger, Jacobs, Ridgely
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.