· 2/27/2004
Charleswell v. Chase Manhattan Bank, N.A.
Citations
- 308 F. Supp. 2d 545
- 45 V.I. 495
- 2004 WL 905782
- 2004 U.S. Dist. LEXIS 7399
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, regarding insurance transactions, the two-year limitations period applies to claims of bad faith and breach of fiduciary duty, which are based on statutory duties that exist independently of the contractual agreement
- dismissing one of plaintiffs’ CICO civil remedy claims because plaintiffs failed to allege their injury was the result of conduct constituting a violation of CICO’s criminal provisions
- “A plaintiff may not name a single corporation as both defendant and ‘enterprise’ . . . .”
- “A plaintiff may not name a single corporation as both defendant and ‘enterprise’ . . . .”
- “It is especially inappropriate to dismiss a tort claim as duplicative of a contract claim when the contours of the agreement . . . are not clear.”
- “[I]f the claim essentially alleges a breach of duties Caudill Seed & Warehouse Co. v. Prophet 21, Inc., that flow from an agreement between the parties, the claim is contractual in nature[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubois
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.