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· 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 CourtListener

Sourced 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.